The Research On The Reform Of China's Criminal Compensation System

Criminal compensation is an important component of state compensation and the main elements of judicial compensation. Since the State Compensation Law of China was implemented, it has played a positive role in protecting the legitimate rights and interests of citizens, legal persons and other organizations. However, since the criminal compensation system in China was established much later than those in some western countries, it is not perfect and it often encounters some practical problems in judicial practice. In order to perfect and consummate China's criminal compensation system, in this essay, on the basis of studying the legislation of a number of western countries, combined with China's actual conditions, I put forward some perfect proposals for the problems and the defects of the criminal compensation system of China. The following are my proposals. First, China's criminal compensation system should be guided by the concept of the modern rule of law, which includes the concept of human rights, the equal justice concept and the concept of procedural justice, so that it can really become a human rights protection system. Second, the principles of imputation followed by China's criminal compensation system should be defined clearly as the principle of no-fault liability. That is an effective way to avoid the state organs and their staff to avoid the occurrence of the phenomenon of liability. Third, China's criminal reparation range should be expanded further. Not only should the range of violations of criminal justice be expanded but also the range of legitimate rights and interests of criminal compensation and the range of damages should be expanded. Violations of criminal justice should include the doubtful cases, extended custody, the heavy penalty for minor crimes and errors in restriction of personal freedom. Compensation for damages should include compensation for moral damage and indirect damages. Fourth, the existing procedures for the criminal compensation should be fully improved. Confirmation link should be canceled to lower the threshold for review of criminal compensation. Criminal Compensation Commission should be set up in the judicial administrative organs to hear cases of criminal compensation. It should be open for Criminal Compensation Commission to review the criminal cases. Parties should be allowed to institute civil proceedings if they are against Criminal Compensation Commission's decisions. I believe that if these ideas are realized, China's criminal compensation system will certainly be able to better play its positive role to protect the rights of the victim.