Victims Of Crime Compensation System

The system of national compensation for criminal victims is a necessary measure based on the protection of the victim' s rights and interests, taking the protection of the right to existence and development of the victim as basic purpose, to harmonize the relationship between the offenders and the victims, the victims and the state, by way of national compensation. The author in this article has a study on the historical conditions and the basic theories of this system, and put emphasis on the latter. After discussing the embodiment of the system in else countries, and on the base of analyzing the necessity and feasibility of setting up it, the author gives some ideas to construct the system in our country, and tries to make it indigenous and feasible.This article consists of three parts, and amounts to more than 30,000 words.Part one: The system of national compensation for criminal victims generalization. This part includes three sections: firstly defines the concept of the victim and the system of national compensation for criminal victims; Secondly has discussed the develop evolution and the established conditions, and put emphasize on the condition of the thought; thirdly, It is the content of the system of national compensation for criminal victims, including the embodiment in international criterion and the concrete regulation of various countries of this system, and summarizes some common grounds in target of compensating, the range and number, the condition, the capital source and the procedure, etc.Part two: The basic theories of the system of national compensation for criminal victims. This part includes two sections: Firstly, after described the various legal principle foundation of theory, the author thinks the basic theoretical foundation of this system is the state responsibility say and social welfare say, regarding the state responsibility as the main respect and then analyzing it emphatically; Secondly, discusses the value of this system. The author thinks thesystem embodies not only the goal of the criminal procedure------controlling thecrime and protecting human rights, but also the goal of the whole legal system— —justice and fairness.Part three: The construction of the system of national compensation forcriminal victims in our country. This part includes three sections: Firstly, points out the fact that the system has not existed in our country, and the civil administration relieve and the offender7 s compensation can not remedy the victim folly,especially the manner of the offender7 s compensation------supplementary civilaction in criminal proceedings itself having a great deal of questions, making more difficult to compensate the victim; Secondly analyses the necessity and feasibility of setting up this system, and think our country could try to establish the system in view of the thought in idea and the material conditions at present; It is the construction of the concrete system finally: the author puts forward one's own imagination to the target of compensating, the condition, the number and range , the procedure and capital source, making them an intact system.