On The Status And Reconstruction Of China's Criminal Compensation Proceedings

May 12,1994 promulgation and January 1,1995 the formal implementation of the "The People's Republic of China State Compensation Law," marks the beginning of a new era of China's protection of human rights, and is known as a milestone of the construction of China's democracy and law. However,10 years inadvertently passed, the implementation of the criminal compensation system has not achieved the desired effect of the original design; especially problems in the program settings of criminal compensation stand out. In recent years, the amendment of "State Compensation Law" has formally been put on the agenda. To take this opportunity, for improving program settings of the criminal compensation, the author puts forward its own proposals.The thesis consists of six parts, which are preface,4 body parts, and conclusion. Foreword section briefly describes the purpose of the author's writing. First section is basic theory of criminal compensation proceedings. Through the study of the concept of criminal compensation, this section summarizes the characteristics of criminal compensation. Then criminal indemnification with juridical compensation, executive compensation, and criminal compensation are respectively discriminated. And it elaborates the concept and features of criminal compensation program. Section two is procedure rules and the law of criminal compensation about countries and regions in the world. By introducing the rules of criminal compensation program in the various countries and regions of the world, it draws various countries and regions of the world of criminal procedure law of compensation from the above introduction. Section three is survey of procedural legislation of China's criminal compensation and problems of procedural legislation in China's criminal compensation. This section respectively introduces the establishment history and current status of criminal compensation program rules and proceedings problems of China's criminal indemnification. The fourth section is reconstruction of criminal indemnification proceedings. It focuses on solving the problems in each stage of criminal compensation program, including four parts which is the elimination of co-payment system. instead of a single responsibility in criminal compensation; selection of consultation process taking place of the confirmation process; the abolition of review procedures, the Compensation Committee hearing the cases of criminal compensation with administrative procedure and putting up executing process of compensation judgments, removing recovery procedures, which be provided in other laws. Conclusion section of the paper briefly summarizes the whole thesis.