Study On The National Compensation System Of Criminal Victims In China

With the development of social economy and political civilization, the problem of criminal victims compensation losses has been presented in front of theory researcher and legislator as the problem of human rights and social justice step by step. Learning other countries'experience, on the theoretical basis of state responsibility, social welfare, and according to the nature of crime, criminal resposibility, local economy, etc., for the present, our country should construct criminal victims compensation system in order to fill the egislative gaps of our country's victims compensation system as soon as possible, with government budget, social contributions, administrative fines, criminal penalties,public funds and community legal fund as the compensation fund. With these measures, it can not only make our country's legal system of livelihood security has our places in the developed countries'legal systems, but also has great significance in matters of protection of the victims of human rights, crime prevention, maintenance of public confidence in the judiciary and so on.There are five parts in this thesis, comprising about 37000 words.Partâ… summarizes the national compensation system of criminal victimsIt defines the intension of the national compensation system of criminal victims and describe the characteristics of the national compensation system of criminal victims, it discriminate some relative laws. it discriminate development history to indicate the necessity of the system.Partâ…¡the significance of the national compensation system of criminal victimsIt start from the significance of people who receive compensation, and indicated the necessary of develop our country's socialism by intrinsic value-social fair, justice and extrnal value-the unite of punish crime and protect human rights. at last,it indicated the necessary of structure our harmony society.Partâ…¢the basic theory of the national compensation system of criminal victimsThere are three parts, the first it introduce the main current of the national compensation system of criminal victims. and indicate the important of this theory. he second that introduce two famous people who are Bentham and Enrico Feli. the third that summarize our country's basic theory of national compensation system of criminal victims ought to borrow ideas from country responsibility theory, social justice theory, social welfare. the most important theory is country responsibility theory.PartIV international contrast of the national compensation system of criminal victimsThere are many differents in anglo-american legal system and civil law system. by comparing, we can learn each other's experience to build our system.Part V is the proposal to the national compensation system of criminal victims of chinaThis is an important part of this article. This part makes legislative proposals for China to establish criminal victims compensation system, including five sections. From Section I to Section V, it provides suggestions from the following four aspects:the object of compensation, terms of compensation, sources of funding, the amount of compensation. It draws on the virtues of British & US Law and Continental Law in this system and abandons the shortcomings combined with our country's actual situation. Compensation object is defined as the victim himself and the result of the victimization and the victims of death or physical or mental disability, or adoptive relatives, plus a direct dependency on the victim, the victim after the death or physical or mental disability, or loss of support from the victim did not live the source person. Terms of compensation is analysed from economic situation of victims, victim responsibility condition, cooperation of the victim, proper compensation of victims of the situation, "the final relief, "and emergency relief". Sources of compensation funding are analysed from the world's main source of funding sources, and then comes out the suitable ways for our country. Following are the ways:government budget, the funds from the offender, the court litigation costs, the executive authorities confiscated illegal money fines, community donations. The amount of compensation also relys on our country's actual situation, referring to "State Compensation Law" in the amount of the standard views. Section VI will be the implementation of our compensation programs which are broken down into five specific areas, applications for compensation, the application department, reviewing the terms of compensation, compensation disputes and payment.