Criminal Damage To The Issue Of Compensation Research

Damage consumption is always an important problem in law, but for a long time, it is only focused in fields such as civil law, administrative law and law of nations and so on, in criminal law, it is only a incidental problem and does not be focused. With the development of victim in recent years, the status improvement of the victim in criminal policy and the development of renewing justice practice in western countries, the problem of criminal damage consumption is being focused. To reform criminal justice system, protect the right of criminal victim, improve the phenomenon that the victim is being ignored for a long time have been become the important task of criminal policy of many countries in the world. What should we do to consumption the loss of the victim caused by criminal is one of focuses concerned by the modern criminal policy. In this paper, we will discuss the problem of criminal damage consumption with the manner connecting theory and practice, and try our best to get the reasonable and perfect views and suggestions.In the first part, it discusses the basic situation of criminal consumption system. Expatiate on the current development and theory bases of criminal damage consumption system and the quality and applied condition of criminal damage consumption system. It thinks that the criminal damage consumption system shall arose our attention to criminal law, borrow the relevant regulation of western countries, establish and perfect the criminal damage consumption system of our country, actually protect the right of criminal victim.In the second, it discusses the problem of criminal damage consumption responsibility. Compare the criminal responsibility and damage consumption responsibility, expatiate on the purpose, value and principle of criminal damage consumption, combine the current adjudgement fact to narrate respectively the influence to consumption brought by different object of crime, how to calculate the problem of criminal damage consumption, why we emphasize the aftermath of criminal damage consumption. In the third part, it discusses the problem of perfecting the system of criminal damage consumption of our country. It suggests that take the circs of criminal damage consumption of the victim as the legal circumstances for determining what punishment to give, and connects it with probation. Further perfect the priority principle of civil consumption, the system for property preservation of criminal damage consumption, endow the victim the proposing right for determining what punishment to give, establish the spirit consumption system for criminal damage. Explain that to establish the spirit consumption system for criminal damage is the requirement of the oneness of legal agreement and the inevitable choice of historical development.