The Construction Of Chinese Criminal Victims Compensation

Criminal victims compensation system is essentially different from the state compensation system and criminal damage compensation system .It is the special regime, which has its own specific meaning and specific characteristics. Criminal victims compensation is the legal system which is expressly provided in criminal law, and the state gives the victims suffered against crimes and the relatives of the dead victims who can not get enough compensation through the judicial process and be led difficult life a certain economic compensation .Criminal victims compensation system has five characteristics: the specific subject of compensation, compensation for the particularity, the limited and complementary nature of compensation and the statutory nature of compensation procedure and the economy and timeliness nature of compensation.The mental basis of criminal victims compensation system in the world has: the doctrine of indirect liability of the State based on the social contract , the doctrine of social insurance, the doctrine of social welfare, the doctrine of public assistance, the doctrine of criminal policy and the doctrine of justice reform and so on, these doctrine have some kind of the truth but have the defects they can not solve. So it requires Chinese mental basis of national compensation system should not be limited to only one theory, but should learn from others's strong points in accordance with the advantages and disadvantages of each doctrine and the practice of our country. So we should adopt the doctrine of indirect liability of the State based on the social contract mainly and the secondary doctrine of social welfare.The establishment of Chinese criminal victims compensation system has several aspects of the necessity: the safeguardment of human rights ,the guaranteement of fairness and justice and the maintainment of the country's stability and harmony .The criminal victims compensation system can be established in China because our country has economic foundation,the positive result of the reform units and the great break of the theoretical research.Criminal victims compensation system will face many difficulties in the actual construction, we should find the specific counter measures according to the specific difficulties. The actual construction of crime victims compensation system should adhere to the principle of fair compensation, the principle of not for poor but for hurry, the principle of proportionality, the principle hof order.The actual construction of criminal victims compensation system should foothold on the reality of our country and learn the advanced experience of legislation from overseas of in the actual object of compensation, the scope of compensation and the condition and procedure of compensation.We should study and analyze the provides of different countries carefully and find the legislative experience which fits the reality of our country. It is the only way to ensure the criminal victims compensation system building in China to fit our actual needs and not derail the world through absorbing the essence of national compensation .