On Criminal Compensation System In China

By taking Criminal Compensation System as the subject of study and undertaking the methods of analysis and comparison, the paper studies the basic content of Criminal Compensation System in China and further explores the perfection of legislation of Criminal Compensation System in China. The paper is divided into three parts with about 30.000 words.Criminal Compensation is an important part of state compensation, which refers to the compensation paid by the state when a judiciary or members of its personnel infringe on the lawful rights and interests of a citizen, legal person or other organization in exercising functions and powers.lt look a long time for the generation and development of Criminal Compensation System. It was impossible before 1870s due to the thought of absolute sovereignty. After 1870s, with the uprising of Democratic Movement, the thought of absolute sovereignty has been fading away and some countries such as France, Germany, Austria, etc began to set up and strengthen Criminal Compensation System. There was no systematic Criminal Compensation System when new China was founded and it was stipulated in the Constitution of 1954. which was kept in the Constitution of 1982. These constitute the constitutional basis for the establishment of Criminal Compensation System in China. Then in 1995, on the basis of referring to the advanced foreign experience, China enacted "Law of State Compensation" and radicated the Criminal Compensation System in China.According to the stipulations of "Law of State Compensation" and relative regulations, rules and judicial explanations, this paper focuses on the introduction of 7 respects of current Criminal Compensation Systemin China: scope of criminal compensation, claimant of criminal compensation and organs for compensatory' obligations, procedure of criminal compensation, methods of compensation, calculation standards of compensation, expenses of compensation, the prescription of claim for criminal compensation.During the 10 years after its enaction, "The Law of State Compensation" has protected the lawful rights and interests of citizens, legal persons and other organizations according to the law and played an important role in urging state organs to execute their duties legally Since "The Law of State Compensation" was enacted when China still was lack in the experience of state compensation and many conditions were still rudimental, many regulations concerning criminal compensation need to be perfected. The imperfections mainly are: the scope of criminal compensation is too narrow; the identification of organs for compensatory obligations is not reasonable; confirmation procedure of compensation procedure is not rational; standard of compensation is too low; means of compensation for mental injury is incomplete; the regulations concerning payment, approval and appropriation of compensation expenses and start point of calculation are not all reasonable and complete. Based on the current situation of China and by referring to the successful implementation of criminal compensation in other countries, the author made some attempt exploration on the development and perfection of criminal compensation system in China. First the responsibility principle of criminal compensation in "Law of State Compensation" is identified. The author suggest the responsibility system covers law violation principle, no-fault liability principle and principle of considering both fairness and efficiency. It is also necessary to enlarge the scope of criminal compensation to include the over-penalization and some extended detainment. And several types of controversial cases such asimpeach cases. The organs of confirmation shall be re-appointed. The means and procedures of confirmation shall be clarified and the terms of confirmation shall be regulated. All these are to improve the final decision procedures of compensation committee. The principles for confirmation by organs for compensatory obligations shall be perfected. The standards of compensation shall be raised, with cash compensat...