Study Of The Basic Problems Of Criminal Compensation

On January 1, 1995 the implementation of " National Compensation Law of the People 's Republic of China " changed the criminal compensation system from level of concepts to the level of legal norms. It provided a legal basis for relief for innocent victims of crimes of violence. Due to the fact that the National Compensation Law sets the administrative and criminal compensation to a level of integration, the legislators' pursuit of the overall legal integrity one-sided and not paying enough attention to the special nature of the criminal compensation, coupled with the simplified principles of the criminal compensation provisions have been causing problems in the criminal compensation judicial practice. The initial expectation of the legislation has not been met. Now that the law has been proposed to revise soon, it is necessary to revisit it and conduct some systematic thorough study. Based on this understanding, the author explored some foundation issues of the criminal compensation system.A comparative study of our existing criminal compensation law with criminal compensation law in legal systems of other countries was conducted. The author did empirical analysis of existing problems of our current compensation system and elaborated bis points. There are totally six parts, including foreword and five chapters in this paper. Foreword explained briefly the purpose of the writing. The first chapter provides an overview of criminal compensation. Through studying of the concept of the criminal compensation, the author summarized the characteristics of criminal compensation, expounded of criminal compensation the value orientation and analyzed criminal justice and compensation, government compensation and compensation due to criminal damages.Chapter II: Criminal compensation attribution principles. Comparison of our current principles to define responsibility for criminal compensation and the principles applied in other countries was conducted. In that way, the author displayed the current issues of our criminal compensation imputation principles. Chapter III: The scope of the criminal compensation. The basis to determine the scope of criminal compensation was discussed. The author also analyzed the legislation structure to determine the scope of criminal compensation, with a focus on the...