Victims Of Crime Compensation System

In criminal prosecution, the defend stands in a weak position, so the protection of the defend rights always becomes an important point of the criminological reform. Compared with the defend, the victim hardly opposes with society, so he is neglected by the people in a great extent. Recent year, many countries, specially the western democratic system country starts to adjust the criminal judicature policy gradually, from take the crime as the center, becomes gradually emphasizes the victim and two rights balances.In China, in many cases of judiciary practice, it is very popular that the rights of victims can't be guaranteed, even their families are likely to get into troubles in life, only status in criminal judiciary is far from satisfactory, because their benefits have not been totally protected, nor have their financial loss, physical or psychological damage been completely compensated.In order to safeguards the rights of citizens well, establishes set of penalties crimes and the safeguard human rights in the criminal prosecution unifies, both fully conforms to our country national condition and generally to profit from the overseas strong point the criminal prosecution system is extremely important. The taking this into consideration, founds the criminal victim country to compensate the system, protected victim's entity right to appear extremely essential. Based on this point, this article compensated the system to the criminal victim country the related concept, the legal principle theory of law foundation as well as the world each main country country compensates the system the legislation practice situation to carry on the certain discussion, and to constructed our country in this foundation the country to compensate the system to make a preliminary attempt.The paper is divided into four chapters.Chapter One is the outline of national compensation system for criminal victims. This part defines the victims of the criminal and then put forward to the definition of national compensation system for criminal victims with the analysis for the characteristics of the system. Secondly, this part limits this system concept of the compensation system for victims of criminal, then points out the discriminate with other correlation system. Finally this part introduces the evolvement of the national criminal victims compensation system.Chapter Two introduces the theories of the State Criminal Vctim Compensation System. On the basis of introducing and explaining many theories of the State Criminal Victim Compensation System, the author presents a proposal the theory as the foundation of the system.Chapter Three carding and comparison with national compensation system for victims among some other countries or regions, the author concluded common items and then used them for reference to establish our national compensation system.Chapter Four introduces the situation of the legislation and judicial practice and exploration of the national compensation system for criminal victims in China at present, form the basic principles, compensation targets, the compensation limit, compensation and the form and scope of the standard, the compensation decision authority and procedures directed to a national compensation system so my initial attempt.