An Empirical Study On The System Of Criminal Victims' Assistance In China

With the development of study on the victim, the victim assistance system is beingperfected in the same time. At present, many countries in the world have passedlegislation to establish the criminal victim assistance system, and China alsocontinuous deepening the established system with a series of judicial practice. Thispaper introduced the history of the theoretical basis of the assistance system ofcriminal victims from the angle of view, while classified the criminal litigationdamages of the existing legislation in different countries, and cleared up criminalvictim assistance system, in order to investigate the practical issues of our country’scriminal victim system after its establishment, and finally put forward the idea ofperfecting the relief system for criminal victim.In the supplementary civil action in criminal proceedings, as a result of defendants’lack of compensation capacity, the criminal victim obtained only20%ofcompensation in practive, on which basis of emerge as the times require our country’scriminal victim assistance system is established. However, since the local judiciaryattempt in2004to the “Several opinions about carrying out relief work of criminalvictims”jointly issued by the eight central ministries in2009, the system brought apart of the solution the criminal victim’s life problems. But at the same time, there arestill problems, which lead to a large number of victims and their families did notbenefit. Based on the above facts, the author attempts to reflect through the system, toexplore the causes of the failure, so that the effective protection of the victims’legitimate rights and interests become possible.