Criminal Victims' Compensation A Number Of Issues

The criminal victim is the person who is harmed by criminal offences directly. Protection of his/her legitimate rights and relief degree is one of the important standards weighing the criminal judicial operation system of a state nowadays. This text plans to discuss the issue of compensation for damage, which is one of the legitimate rights of the criminal victim. Through investigating compensation for the criminal victim in the cases tried in one basic people's court. Try hard to reflect it objectivly and trully, the injured party makes great efforts to reply characteristic , methods and difficulty existing in the course of resuming his/her damaged rights, and situations in the treatment victim's compensation by the public security and judicial authority. At the same time, combine some general phenomena and questions reflected in the investigation, .analyse , appraise by Combining the law theory and regulation of relevant laws and. Put forward my opinions and suggestions on some issues which are unfavorable to realize the compensation further. Expect to offer certain reference in protecting the criminal victim's rights. The victim claiming for damages reflecting in the investigation have the following characteristic mainly: 1. most victims regard how to receive reasonable compensation for legitimate rights impaired by criminal offence as the first goal and after the crime takes place. 2.During the process of compensating, the victim try hard to realize his/her own goal by adopting many feasible and lawful means, or through his/her own or external strength to put forward the requirement to criminal. 3.In the course of compensating, the national judicial authority demonstrates high initiative and property of participation. 4. Realization of the compensation depend on whether criminals have the ability to compensate. 5. When the injured party get the compensation by conciliating, it always includes spiritual damages. The main problems is as follows: 1.The compensation for damage has not included spiritual damages. 2. The attitude and actual result of compensation of the defendant finally influences . 3 The defendant criminal responsibility by the judicial authority. 3 If the defendant have no compensation ability ,the victim will have to accept the loss. In view of the above,the author puts forward the following suggestions: 1.Expanding the range of compensation for damage, bringing the compensation for spiritual damages into the legal compensation range. 2. In order to protect victim's compensation for damage practically , fully, in slight criminal cases, the law should allow the situation of compensation for damage as an important criterion for imposing penalty under certain condition. 3. Public security and judicial authority should adopt multiple channels, check the defendant actual economic conditions in order to lay the foundation for compensation. In addition, we should set up the state compensation, social insurance, fund for victim, etc. as soon as possible, helping those victim who can not live on if not be compenstated.