On Compensation System Of Criminal Justice

The criminal judicature compensation refers to the compensation that when the staff of investigation, prosecution, trial, prison management violating the rights of state citizens, legal persons and other organizations in working. It is different with the civil compensation, executive compensation and the judicial compensation. The responsibility of the main subject and the infringement of it is all country, and there is specific causal relationship, so the appropriate range of compensation is given. The criminal judicature compensation has its theoretical foundation, There has people's sovereignty theory, fair and equitable doctrines, special sacrifice theory and legal fiction theory abroad.The criminal judicature compensation in China has its unique theoretical foundation, such as the principles of socialism theory, responsibility that the servant theory and the doctrine of equality before the law. Compatible with the theoretical basis, the value and function of the criminal judicature compensation has emerged. Which specifically in the interests of justice, protect the lawful rights and interests of victims and specifications state organs and their functions and powers according to law; and mark democracy and safeguard the legal authority and so on.As China, there is no separate legislation in the vast majority of foreign countries with the criminal judicature system of compensation. And the compensation is also included in the country's compensation system. We can learn about their compensation in the criminal justice system by comparing countries outside of the state compensation system, in principle attributable to Germany, Japan, the United Kingdom and the United States as the representative of the principle of fault, attributable to the representative of France, and the principle of no fault attributable to Switzerland as the representative of the Criterion of Liability; in the scope of compensation to French, German civil law countries represented Relatively wide, while the British and American common law system, represented by relatively narrow; In civil law compensation pay more attention to protection of the rights of victims in compensation procedure. And the Anglo-American countries are lagging behind the impact of sovereign immunity.The compensation system of criminal justice in China compared to the west country started later. "National Compensation Act" in 1994 was enacted to give a landmark mission, but the effect of the implementation of ten years is not very satisfactory. Based on this, the academic calls for revised for the "State Compensation Law", and finally in April 29th,2010 National People's Congress adopted the amendment to the State Compensation Law. In generally speaking, the amendment is very progressive and solve some problems we respond more strongly. while many issues remain unresolved and attendant new problems. This new problems is that principles embodied in the attribution does not completely abandon the law responsibility principle, so the results of the scope of application of the principle is still relatively narrow; this principle of liability for damages caused by a relatively narrow range, such as the judiciary lazy administrative duties, the wrong residential surveillance heavy sentence and release on bail and misdemeanors such as not included in the scope of compensation, the compensation procedure has greater progress in this revision, but there are still some problems, such as setting unreasonable and Compensation Commission did not introduce the proceedings and so on; it is clearly inappropriate for using a single standard of compensation standards of Soothing.In allusion to the problems in Criminal justice system of compensation at this stage, the author ought to put forward their own reform ideas from angle of the deserved. Offense principle can be completely abandoned, and establish the principle of complete results.The results principle has its own theoretical and practical Base, It has the advantages to expand the scope of compensation and better protect the legitimate interests of victims, and still can further expand the scope of compensation, Idle the duties, lazy functioning bail, under house will be bring into the scope of compensation,the Compensation Committee Can be re-set, the introduction of additional criminal court proceedings for compensation,We should abandon the comfort of a single standard of compensation and establish standards-based, adopting both punitive and soothing multi-standard compensation standards.