Research On Crime Victim Compensation

With crime incidence and the number of criminal victims increasing greatly at present in our country, the whole society is paying more and more attention to the problem that how to protect the interests and rights of the victim.Until now we have no state compensation system for crime victims.Actually, for the concerns of social equity and harnomy this kind of system has been universally established and developed in many countries and areas.The long-term concerns about the situation of criminal victioms drive me choose the state crime victim compensation as the topic of this thesis in which emphasis shall be put on the construction of the state crime victim compensation in China with the combination of the latest criminal theory and on the basis of analyzing the content and current situation of the system. The main contents are as follows:Part one: the forwarding of the topic. Comparison shall be made about the protection of the crime victims between China and foreign countries.By introducing typical cases, we shall find that it is very important and urgent to set up the state crime victim compensation in China.Part two: the definition of state crime victim compensation.The characteristics shall be concluded by comparative analysis of the state crime victim compensation and other relevant systems on the basis of defining its concept by quoting " Declaration of Basic Principles of Justice for Victims of Crime and comparison" .Part three: the social background and theoretic basis of the state crime victim compensation.Firstly, analysis shall be made concerning the social background for the emergence and development of the system. Secondly, we shall get some beneficial inspiration by analysing and evaluating some traditional theories.Lastly, emphasis shall be put on the theory of restorative justice and the balanced protection between criminals and victims, on the basis of which exploration shall be made about the justification of the state crime victim compensation.Part four: analysis of the state crime victim compensation in different countries and areas and their inspiration.It is hoped that contributions shall be made to the construction of the state crime victim compensation in China by analysing and comparing the characteristics of the state compensation of different countries and areas, such as the subject,conditions,amount,source and procedure of compensation.Part five: the construction of the state crime victim compensation in China.Specific assumptions shall be made about the construction of the system in China on the basis of summarizing the policies and practices with respect to the crime victim compensation. Guided by such principles as offender's compensation ahead of state compensation, proportional and timely compensation,, detailed descrption shall be given to the five elements for the construction of the system such as targets, criteria, compensation amount and scope, compensation procedures and funding sources so as to make the state crime victim compensation of our country an integrate and practical system.