China Criminal Compensation System Of Reflection And Reconstruction

The criminal compensation system refers to the law system that the state should compensate according to law for the citizen , the legal person and other related organizations because their legal rights such as the personal right and the property right , are damaged by the state organizations which exercise the national investigation, procuratovial work, adjudication and prision manegement . and their staff members when they exercise their functions and powers illegally. It is one of the components of the national compensation system of our country, which also include the administrative compentation system and the judicial compensation system . But it is obviously different from the latter two in the field of responsibility occurance. Besides, it has many differences from the civil compensation system although the latter is its origin .The criminal compensatiom system is an important guarantee system of human rights . It can reduce the injustice case victims' loss and give them some comfort . So it can help defend the social stability . Similar to many other law systems ,the criminal compensation system has been existed for not too long . As far as in the western countries are concerned, its origin, it was not formed until less than 200 years ago, because of the influence of the sovereighty exemption theory or some other theories. While in our country , it exists for only ten years.The criminal compensation system of western countries develops very fast, especially after the Second World War ,the single trip legislation has been established in several countries . Equality . program justice , human rights ensuring and other modern concepts of ruling by law are well reflected in this system .The establishment of the criminal compensation system of our country was once an important mark of the progress of human rights ensuring. But after ten years' judicial practice, the effect was not valuded highly by all sectors of our society .There are many things which account for this , however the main cause is that this system itself is not reasonabale in many ways , like, the strong national selfish departmentalism , the non-clear principle of responsibility , the limited rangeof compensation , the non-standard programs and so on .The purpose of reflection to the criminal compensation system of our country is to make it more perfect . This article gives some tentative ideas on its reformation in the following ways : First. to make the principle of responsibility more definite , use 'non-faulse' principle to take the place of responsibility principle which is used at present in our country . Secondly , to widen the range of the criminal compensation . For example ,put 'minor crime, severely punish' into this case to show that our government is responsible . Thirdly , to make the present criminal compensation program more perfect ,such as , canceling the process of affirmation , lowering the threshold of investigation of the criminal compensation , carrying out the one ruling system decided by the compensation committee , and meanwhile reforming the compensation committee .By reforming the present criminal compensation system in our country , we expect to make sure that this system can well enbody the human rights ensurement concept , the program justice concept , the equality concept , the just concept , and also protect the injustice case victims' rights .