Criminal Justice System Of Compensation Research

The criminal judicature compensation system is following the human society and the civilized development and the progress but produces gradually. It took one kind of afterwards remedial treatment, is just in the maintenance society, the realization law value goal aspect is playing the vital role, as well as is having the function which cannot be substituted. In addition, the criminal judicature compensation law system also is take victim' s legitimate rights and interests which protects suffers the national judicature authority violation as a starting point, and take to receives violates the social individual the relief as the foothold, then the initiative individual right restriction public authority, standard public authority exercising, for this, this causes the national legislation thought from the emphasis country standard, the social standard to national, social and the citizen individual standard pays equal attention to the transformation to manifest specifically. Looked from the embryology significance, overseas, before 19th century 70' s, because receives "the absolute national sovereignty, negative people's sovereignty" the thought influence, for this, is impossible to produce illegally exercises to the national judicature authority creates the citizen individual right violation the criminal judicature compensation system. But, after 19th century 70' s, because the democratic movement surges upward, "the social security" the thought development, the absolute national sovereignty idea starts to vacillate, for this, the modern criminal judicature compensation system arises at the historic moment. However, after our country' s criminal judicature compensation system then is new China establishes through "National Compensation Law" the only then official establishment. Therefore, although it regarding further safeguards citizen' s personal rights and the property right, the promotion state agency and its the staff exercises the authority legally, the serious law enforcement, maintained the society to be stable, has made the tremendous contribution, but, because system itself existed some slight defect, as-well as the society from all walks of life lacked the enough understanding to it, caused to appear not not entirely as desired many in the implementation process place. Therefore, immediately, reconsiders our country' s criminal judicature compensation system, is for this system further consummation. This article mainly will stress in obtains from the comparison method, promulgates the western criminal activity judicature compensation system the success experience, will be parallel will be China's concrete national condition and the criminal judicature practice, to immediately China's criminal judicature compensation system main question as well as to the criminal activity legal system reform which will carry on is carrying on the discussion,...