Research On The Guaranteeing System Of Criminal Victims' Compensation Right

In our country,the compensation right of criminal victim is hard to realize.The promise of judgment of criminal proceeding with supplementary civil action to victim is often a "legal paper".Many victims live hard,and some have enough money to afford medicine fees.Those phenomena accordingly cause a series of some actions threatening social order such as all kinds of appeals,petitions and so on.It is the time that the issue of criminal victim's compensation right has to be settled.All sorts of measures should be taken to enhance protection of the right of criminal victim compensation,which is not only a private problem that benefits protection of criminal victims' interest,but also a social problem that guarantees social security,accords with the modern judicial notions of protection of human rights and creation of harmonious justice.Innovation of the article lies in claiming that the compensation right of criminal victim should be emphasized during the whole criminal procedure,and all the methods should be taken in order to form a system encouraging the inflictors to perform their compensation duty.The system of civil action added to criminal procedure shouldn't be abolished;on the contrary,it should be consolidated and fixed on the dominating role within the methods solving compensation problem.Inflictor's action of carrying out compensation duty should be a factor influencing these decisions-judicial diversion,sentencing,commuting,paroling and so on,which can stimulate the criminals to perform their compensation duties.In addition,the structure of penalty should be perfected and non-custodial penalties and non-imprisonment measures should be widely used,in order to create advantageous conditions for criminals in performing their compensation duties.The article is divided into five parts:the first part introduces the definition of the compensation right of criminal victim,the significance of strengthening safeguarding the compensation right of criminal victim,and the development history related to protection of the compensation right of criminal victim.The second part analyzes the inevitability of enhancing protecting the compensation right of criminal victim from three aspects in developing respective,namely,development of civil society,springing up of restorative justice,and widely implementing of the criminal policy of benevolence and stringency coordination.These respectively provide criminals with effectively supporting in performing the duty of compensation.The third part is narrating the legislation and practice of some countries referring to the problem of protection of criminal victim's compensation rights.The fourth part analyzes the defects of our guaranteeing system related to the right of criminal victim and its reasons.The fifth part demonstrates the author's suggestions that is referring to the whole criminal procedure from placing a case on file to enforcing of criminal penalty in dynamic,dealing with perfection of the systems-civil action added to criminal procedure,criminal mediation,the structure of criminal penalty,and building the systems of plea bargaining and state compensation for criminal victims.The conclusion of the article is emphasizing that strengthening safeguarding the right of criminal victim is greatly significant,and that the favorable opportunities should be timely seized.However,it is a systematic and huge project to perfect the guaranteeing system related to the criminal victim's compensation right.Many assisting systems still should be built and perfected,and unremitting efforts should be paid to the issue all the same.