A Study On Construction Of National Compensation System For Criminal Victims

When they examine the criminal suit, the criminal victims are concerned more about the compensation for both psychology and rights and interests. However, great weight is not placed on them in juridical practice. Take the material loss as an example. Even though the victims execute the right of action, the verdict may be beyond their expectation because of the limit of civil attached to criminal compensation system. As a result, it is very urgent to protect the rights of criminal victims which are imperfect. The construction of the legal system of compensation for criminal victims is an effective way to solve it. At the same time, it meets the trend of juridical reform in criminal focused on protection of human rights in the world.National compensation for criminal victims is material relief measures taken by the country for the benefit of victims in criminal offense with the characteristics of victims' relief and humanistic cares. The paper first depicts the concept and characteristics of legal system of compensation for criminal victims. Based on the analysis of theories of different scholars, the present author puts forward the theoretical basis of the system which is the combination of social welfare theory and relief theory for criminal victims. After the discussion of its value and comparison of rules in some foreign countries, he points out that it is necessary and reasonable to construct the legal system of compensation for criminal victims.On the basis of experiences in other countries and Chinese situation, the present author discusses the basic construction of the legal system of compensation for criminal victims in China from the perspective of the content and design of programs with the following features: First, the system is aimed at victims suffered from some certain types of criminal offence; second, the victim should meet the strict and concrete requirements; third, the funds for compensation should be listed in national financial budget and other resources of funds are needed; fourth, the arbitrary institute and the organization for management of funds should be separated. And the details are analyzed including such aspects as temporary subsidy, special subsidy and the right of the country to claim debts, time limit for compensation, investigation and hearing, arbitrary and decision, and so on.