On The Establishment Of The State Compensation System For The Criminal Victim In China

In recent years, people's living level is rising as long as the reform of political and economic systems in China is continuously deepening, but the number of criminal cases is rising greatly all at once.In most criminal cases,the victims suffer the loss of health,property,even emotion,so they should get corresponding compensation. Thus a series of questions such as how could the injured victims live on, how could they get compensation for their economic lose and how to ensure their rights have been paid attention on in the reform of criminal proceedings. Therefore the study on the establishment of the state compensation system for the criminal victims remains highly relevant to the security of the victims' legal rights and interest, to the increase of the public trust on the judicial system and to the construction of harmonious society. This article begins with the summary of the state compensation system for the criminal victims, discusses the necessity and theoretical basis of the establishment of the state compensation system, and analyses, the extraterritorial legislation and the present legal condition of the state compensation system for the criminal victims in China, and on this base this article gives a tentative idea on the aspects such as the legislation system,the basic principle,the funding sources of the state compensation system, the object,condition,way,trial institutions,procedure of the compensation and so on. It aims to explore a practical scheme for the realization of the state compensation in our country and to protect the victims' rights adequately so that perfect the legal system in China.