On China's Social Security System Of Criminal Victim

It is the only channel for the victims to be compensated through civil suit collateral to criminal proceedings within our criminal legal system. But, because of the low compensation capability of the criminals, criminal victims are rarely compensated from the criminals. It is of crucial importance to establish a comprehensive social security system for the criminal victims. This are title has three sections:Section 1 is about status quo of rights protection policy for criminal victims. The experts and judicical organs are turning their focus to the protection of basic rights of criminal victims, otherwise there are some urgent problems to be solved. Acording to Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, the responsible party should compensate the victims, their relatives and the person they foster. The Declaration includes government as a responsible party. The victims also have the right to accept social support. Turning to our state compensation system, we are in lack of an adequate criminal victims compensation system and its social support policy.Section 2 discusses that the main oblective of social security system for criminal victims is to protect the rights of criminal victim through the way of social security system. It is also the call of our era, which highlights the construction of harmonous socity. The establishment of such a system can not only help implementing the current criminal policy but also amend the demaged rights of the victims. Social security system of criminal victims relates not only to the revitalization of the rights of victims but also to the finicial ability of security organs. For the above reasons, the construction of social security system should combines its compensation function and its adequacy, integrate its univerasality and selectivity, and ensure its consistency of justice and efficiency.Section 3 is about the construction and perfection of social security system for the criminal victims. This part of social security system is an important part of the overall security system, which can help the victims to restore their damaged right and can help to find the way for this restoration. Establishment of the system is a complicated and systematic social work, for it includes not only the organization but also its procedure, its objective, scope and standard. Scope and standard of the social security system depends on the economic development level and state finical ability. After consulting the experience of the US and Japan, this article suggests to establish an non-governmental and non-profitable organization to provide all-round service to the criminal victims, and corporates the work of the police, procuraturate and the court. Personnel of the social security organization could be either fulltime or parttime, or accept social volunteer. At the beginning phase, the government can help to build an organization to support the victims'rights. Such a special organization can also be organized by judicial organs and established through social donations. Additionally, the organization should also make clear its objectives and conditions and standardize content and procedure.