State Compensation For Criminal Jurisprudence Thinking

Our Constitution provides: We respect and protect human rights. As a base law of our country, Constitution can direct and guide law-making and law-enforcement, it's well known that State should protect all parties in litigation. In detail, both the rights of the accused and the rights of the victims should be respected and protected in criminal field. We should protect and realize rights in a way which we can see just as justice. However, there exists the imbalance of the protection between the accused and the victim in other counties. So is in China. It is necessary for our country to amend and establish law and regulations about the protection of the victim. The author thinks it a necessary measure to lay down the law system of the national compensation of crime victim .At the end of papers ,the author discuss some questions about the compensation of crime victim and give some ideas to construct the system in our country.The paper is composed of three parts:The Introduction Part: The necessity of establishing national compensation of crime victim is introduced from a typical case.Part one covers the definition of national compensation of crime victim and its characteristics which are summed up through comparative analysis.Part Two is the main body of this paper. Why should the national compensation of crime victim be established? What's the principle of law for the national compensation for crime victims? The paper introduces a few basic theories on which the system of national compensation for crime victims is based. Then, by analyzing the advantages and disadvantages of them, the author agrees with Responsibility of state theory that is based on social contract theory. Finally, the value of this kind of system is expounded from the view of equity and justice, and the balance of rights protection between criminals and victims.The main idea of Part Three is to set up the system of national compensation for crime victim related with the reality of our country, that is to say indigenization of the system. By refuting the view that national compensation of crime victims should not be established, the paper puts emphasis on the necessity and feasibility of this system. Finally, the paper gives some suggestions about compensation of crime victims to construct the system in China.The conclusion appeals to establishing the national compensation of crime victims in order to protect the rights of victims better.