On The Construction Of China's Criminal Victims National Compensation System

There is a long history of the concept of national compensation of criminal victims, which comprises three periods of development: golden age, declining age and revival age. Most foreign countries have made related legislations till now. With the development of our national economy and legal culture, to establish the criminal victim national compensation system has already become a common view between the practical and theoretical world. However, the notion distinction, theoretical foundation and financial resource of the compensation of the criminal victims national compensation system has a very close relationship with the future of criminal victim national compensation system and our national condition, we do have to make further discussion about it to make references for the establishment of the criminal victims national compensation system. This thesis consists of introduction, body and conclusion.The six parts are as follows:Chapter one The survey of criminal victims national compensation system. To redefine the concept of criminal victims national compensation system: Country will compensate for crime in criminal cases, not detect for a reason, not through the criminal incidental civil lawsuit or other ways to get into serious trouble for the victims and their families live through legal procedures, for its losses to certain economic compensation, is slain square interest in a certain extent recovery system, which is about the object, scope, principles, institutions and compensation procedures, the sum of a series of legal norms. Criminal victim's national compensation system has six basic characteristics: the specificity of the subject of compensation, the compensation object specific and limited compensation, the specific nature of moral damage compensation, compensation standard and compensation of social assistance.Chapter Two Research status and historical evolution of criminal victims national compensation system. To make a serious analysis of the historical evolution and the current situation of our national theoretical and practical achievements of criminal victims national compensation system. Under the global aim of pursuing balance and ensuring human rights, in the process of building harmonious society, and in the trend of light punishment for criminal law reform, there is a strong necessity to set up the criminal victims national compensation system in our county. Meanwhile, the development of our national economy and society had build a solid material foundation for establishing the criminal victims national compensation system; the exploration of the theoretical and practical world had provided the intelligent supports; with these effort, we have already have the possibility of carrying out the criminal victims national compensation system, which has become the common view in our national researching group. However, there are lots of disputes over the problem of our national mode of criminal victims national compensation system, the theoretical basis of criminal victims national compensation system, the settings of the compensation institution, the scope of compensation, and the procedure of compensation, etc.Chapter Three The theoretical foundation of criminal victims national compensation system. Though most country has already set up the perfect criminal victims national compensation system, researchers all over the world hold quite different opinions about the theoretical foundation of this system, the dispute continues to today. Now the main conceptions are: conception of the responsibility of nation; theory of society welfare; theory of social insurance; theory of political interests; theory of social defence and so on. These theories are all about the theoretical foundation of the criminal victims national compensation system, which may update with the improvement of our practice of recognition. But all of them has shortcomings if chosen as the theoretical foundation of legislation. The adoption of the theoretical foundation in our national legislation practice of criminal victims national compensation system will have a far-reaching influence on the mode of compensation system and the specific practices, furthermore, will effect the realization of the compensation system. It is the state responsibility to set up the theoretical foundation of criminal victims national compensation system on the basis of our national historical tradition, combining our national conditions and social conditions. During the process we should adopt the dual theory system, which is the combination of theory of social insurance as a main body, and conception of the responsibility of nation as a assist.Chapter Four On the legislation of establishing China's criminal victims national compensation system. To have a comparative study of criminal victims national compensation system in America, Germany, Sweden, New Zealand, Japan, etc, and make a conclusion about their advantageous experience of legislation, absorb and draw upon fruits of the rational parts which are suitable for our national condition, finally construct the effective criminal victims national compensation system. Firstly, make sure the five basic principle of China's criminal victims national compensation system: The principle of justice; the principle of compensation in time; the exhaustion of remedies doctrine; Special Principles of Protecting; Principle of Coordination and principle of reciprocity. Secondly, to execute entity design system which include: the subject of compensation; the object of compensation; the scope of compensation; the condition of compensation; the mode of compensation; the standard of compensation and the sources of funds, institution of administration and compensation. For the objects and scope of compensation, the author put forward the idea of bringing the property victim into the object of criminal victims national compensation, which used to include only criminal injury. We should not focus on the type of crime, but take the victims whose life has fallen into a mess as a priority. Besides, to bring the mental compensation into criminal victims national compensation, which may realize our national Humanistic Concern. For the financial sources, the author advocates to issue the lottery of criminal victims national compensation fund to enrich the compensation fund together with a certain percentage of state revenue as the main source of the compensation fund. For the settings of the compensation institution, we should establish compensation committee at court as victim's compensation with regarding to the institution of compensation shall be set in China, in order to save the compensation system of building and running costs. Secondly, the compensation program designs. Namely the victim has damage compensation shall perform the criminal procedure and the compensation shall follow the ruling organs to compensate the ways and methods and steps. Includes compensation right inform, application procedures, review procedures, decision procedure and relief program, the program execution and special procedures in seven parts.