Construction Of Criminal Victims Compensation System

Research on victims has been the subject of jurisprudence concern. With the judicial philosophy change from the traditional of centering the protection of victims' human rights into the modern of giving equal protection to human rights of crime and victims, and the international rise of victimlogy, it is quite significant to do the research on the national compensation to criminal victims to protect their rights, both in theory and in practice, the establishment and improvement of Victim Compensation System is the trend of judicial reform and the base of the Rule of law of human rights protection. However, this system is absent in our country, which goes against not only the international trend of judicial reform, but the construction of legal system in China, moreover against the institutional human rights protection to crime victims. Therefore, it is significant to set up our national compensation system for crime victims. The subject is prudently selected to study, in the hope of doing my little contribution to the early establishment and improvement of the national system of criminal victims' compensation. The thesis is divided into four parts.Part I focuses on the concepts and characteristics of victims, criminal victims and criminal victims'compensation. By comparing the concepts of criminal victims compensation and state compensation, criminal loss compensation and other related, it gives the theoretically accurate definition of criminal victims compensation system. it refers to the legal system through which the state gives some financial compensation, with certain legal procedures and according to certain principles, to the victims and their families which are in the serious hardship with physical, mental or other abuse suffered by a criminal act or criminal offense, and such cases have not been detected or the criminal could not afford the compensation with the legal channels. Here the "criminal victimization" includes not only the physical injury and mental damage compensation, but also a range of property damage compensation, which is one innovation of this thesis. It also summarizes the historical evolution of the criminal victims'compensation system.Part two discusses the theoretical basis and value analyst of construction of the criminal victims'compensation. Through analysis, summarizing the social contract, social insurance, social welfare and other legal theories, the author agrees to take the theories about National obligation supplemented by the Theories about social insurance and social welfare, as the theoretical foundation of national compensation system of the Criminal Victims. And it demonstrates deeply and fully the value of establishing the system, from such aspects as building a harmonious society, restore justice and protect human rights, enhancing the effectiveness of crime prevention and control etc, which is a major highlight of this thesis.The third part analysis's all of the currently solid economic foundation, the fully academic theory, the accumulation of judicial experience and a successful civil rights consciousness and recovery create the real conditions for the construction of national criminal victims' compensation system. China is a member of the United Nations, and such international legal instruments as Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power have bond on China. Moreover, Constitution OF the Peoples Republic of China clearly states "People's Republic of China is ruled by law, and is a socialist country ruled by law." "The state respects and protects human rights." and those provide legal basis to build China's criminal victims compensation system.PartⅣfocuses on how to build the system of criminal victims' compensation. Firstly, it presents the legislative principles and the legislative model of the system building from the macro level, and the author suggests that we should adhere to the legislative principles of fairness and justice, qualified and timely and appropriate compensation, and equal and reciprocal principles, and with comparison methods, combined with our national conditions it suggests to firstly establish the national compensation system while amending "State Compensation Law" or "Criminal Law", and when developing to a certain stage, we can establish a separate national act of criminal victims compensation with a mixed legislative model by stages. About the specific system concept, the author, through a comparative study of Britain, France, and other countries existing laws and theory of compensation, takes their essence in our system. As for the compensation object, the author suggests to adopt the principle of reciprocity and equal for victims of crimes against individuals with Chinese nationality, the stateless people or foreign nationality suffered by crimes within the territory of China. About the scope and conditions of the compensation, the author thinks it is mainly for personal injury, including economic loss caused by death or the physical, mental or psychological harm, with strict conditions on compensation for light injuries and property damage, the compensation standards should refer to the calculation standard of state compensation law practice. About the compensation payment,the author agreed with the theorists' compensation diversified channels, and set up a special fund for compensation to ensure its preservation and appreciation. As for the authority of the compensation, the author suggests Committee for Comprehensive Management as compensation agency, with its'the application, investigation, decision, relief, statutory requirements and other procedures before payment. This is also part of the innovation in the thesis.