On State Assistance Of Crime Victims In Prosection

To guarantee the right of criminal victim is a worldwide topic, and it has been developed into common current that we should constitute the salvation system for criminal victim in our law system in the modern country under the rule of law. In the judicial practice in China, the case, in which the criminal victim won the lawsuit, but they couldn't obtain their compensation, frequently appears. So, in our country's sector of theory of criminal justice and criminal justice practitioners, lots of people require the salvation system for criminal victim should be constituted, and many grass-roots level procuratorial organs have tried it beneficially. In order to construct the salvation system for criminal victim, the article will try to study the salvation system roundly from five aspects in the base of practice of the county of People's procuratorate of Yangxin, Binzhou City.In chapter one, the article introduces the practice of the People's procuratorate of Binzhou. Through the specific cases, the author introduces the idea, characteristics and innovation on the salvation system for criminal victim practiced by this organ.In the second chapter, the article expatiates on the validity of salvation system for criminal victim in the procuratorial work. At first, the article explains the concept of criminal victim, the state salvation for criminal victim, national compensation and social assistance. It suggests that we should abandon the wording of national compensation, and unite into the concept of national assistance.In addition, the article explains the value of salvation system for criminal victim in the procuratorial work, which can bring enormous effect. The article put forward that the construction of the salvation system for criminal victim in procuratorial work is the basal value of building a harmonious society, the maintenance value of building a good order, the procedural safeguard value of the right of prosecution, the effective way of the human rights in prosecutorial work, the necessary option to enhance the credibility of the prosecution, the active way to implement the criminal policy. Combined with the criminal cases in the five years in Binzhou, the article has a detailed analysis. In chapter three, the article analyses the feasibility of construction the salvation system for criminal victim in the procuratorial work. The author analyses the realistic foundation of construction the salvation system for criminal victim in our country from four aspects: china's current economic strength, public opinion, the impact of traditional culture in china, the practice of china's grass-roots prosecutors. The article suggests that the salvation system for criminal victim should be connected with the function of the procuratorial work. Firstly, it fits connected with "Prosecution and law enforcement for the people". Secondly, it fits the procuratorial theme "strengthening legal supervision and safeguarding fairness and justice". Thirdly, it fits that the People's procuratorate practice the three main jobs. The article also analyses the own advantage of salvation system for criminal victim constructed by the People's procuratorate.In chapter four, the article analyses the pattern that we should select on the salvation system for criminal victim. The author analyses some problems that exist in the national salvation system, such as the principle, administration authority, the objects who need salvation, and so on. This part is the core of the article.In the fifth chapter, the article analyses the natural tendency of salvation system for criminal victim in procuratorial work. The article studies two questions about the salvation system for criminal victim in the procuratorial work: one question is the legislative options. The author proposes that at present, provincial local laws and regulations legislated by the province. Until the conditions are ripe, the Salvation for Criminal Victim Act should be legislated. The other question is the system architecture and continuity related to the salvation system for criminal victim in the procuratorial work. The author explores the continuity with the criminal law and criminal procedure code; the establishment of public security; the People's Procuratorates and the courts information-sharing mechanisms; the diversified salvation mechanisms and the participation in the victim-offender mediation in the proceuratorial work.