Legal Issues In Criminal Compensation Study

As a special liability to pay compensation on tort, the State's liability to pay compensation came into being with the development of the society. On May 12th, 1994, Law of the People's Republic of China on State Compensation was passed by the Standing Committee of the National People's Congress. This is the first law to stipulate the State's liability on compensation in our history. It will have great effect on so many aspects, such as, protecting the legal rights of the person, the corporation and other legal entities, supervising the government to act according to the law, mediating the social contradictions, keeping the social stability, smoothing the development of the society, realizing the Rule of Law in our country, etc. In a sense, the State's Restitution Law is a critical point in our way to realize the social democracy and rule of law. It has been 10 years since the Law was passed. In these 10 years, it did contribute to protecting the human rights, supervising the government agencies to act by law and so on. However, we have to pay attention to the shortcomings, which was formed by the defects on legislation and the notion of the people. Here, in this Paper, I will point out and explain in details the defects of the legislation and the main problems in the process on enacting of the State's Restitution Law.Basically, I will analysis from 4 aspects : the principle of imputed liability, the scope of criminal compensation, the procedure of criminal compensation, methods of compensation andcalculation ctandards.Firstly, the principles on how to impute the liability can't adjust to the whole law which caused the contradictions on execution of the law, especially on the extent of criminal compensation. It's necessary to institute a pluralistic principle of imputed liability system. Secondly, the scope of criminal compensation is too narrow. With the development of the society, it has showed it's unsuitable to the reality. The spiritual damage shall be contain into the scope of compensation.Thirdly, the procedure of criminal compensation has many shortcomings. It caused a lot of problems, especially on confirmation and the procedure on decision of compensation by the compensation commission, which will block the enactment of the Law. The Law should be revised, and the indemnity process has to be made more just and more convenient; Fourthly, The indemnity standard is too low ,the amounts of the state compensation funds are not listed in details. It is difficult for compensation agencies to disburse. It is also difficult for the financial departments to check and appropriate the compensation funds. the form the criteria and amount of compensation, the criteria provided the Law are too low and the amounts are too small. Those are not benefit to protect the legal rights of the individuals and legal entities. Based on these problems, the Law didn't achieve the goals of the Legislation and the Law didn't get the consent of the people. Only to realize these problems and shortcomings seriously and try the best to solve them reasonably, can it realize the goal of the Legislation to protect the legal rightsefficiently.the main function of legislation is to standardize the practice of executing the law.In return, such practice promotes the perfection of legislation. By execution of the law,the main defects and shortcomings may be found in the current law.In this Paper, I will show my opinions from 4 aspects to perfect the State's Restitution Law, which are, the principle of imputed liability, the scope of criminal compensation, the procedure of criminal compensation and the state's compensation funds. I hope it will be benefit to the revision and perfection of the State's Restitution Law. That will be fine. And will give law protaction for building the peaceful socerity.