| In the judicial practice, many criminal victims' losses get no compensation, meanwhile, some crises creep into their normal life. All those constitute the factors that affect the social stability. Thus establishing criminal victims' compensation system is not only necessary but also inevitable to manifestate the nature of our country, to meet the need of protecting human rights at its full length, and to safeguard the harmony of our society.Since the 60s of last centry, lots of other countries have already set up a relatively complete criminal victims' compensation system, and their practice of legislation is worth borrowing. Attempts to establish criminal victims' compensation system provide abundant practice experiences for the national legislation, establishing criminal victims' compensation system has not only legal basis, also theoretical basis.Opinions about the theoretical basis of this system are controversial, among them the theory of balanced protection, the theory of responsibility and the theory of destiny are the most influencial ones. The writer introduced the theory of The tort liability law without joint liability perfect this theory, thus, verified the rationality of setting up the system.Based on the analysis of criminal victims compensation system established based on the necessity and feasibility of the constitution and the relevant countries, according to convention, use the responsibility theory, proposes the establishment in China's criminal victims compensation system framework, main contents are as follows:The basic principle of the compensation decision the basic direction of the compensation system, and build a reasonable of criminal victims of state aid system, the author thinks that at least three basic shall comply with the following principles: the principle of equality, this is equal before the law principle in criminal victims compensation system in our country. Principle in time. State compensation shall pay attention to efficiency, compensation program shall keep it simple. Compensation is given priority to, complementary principle compensation. The defendant criminal defendant loss compensation is given priority to, compensation is secondary.The courts at all levels in China set up internal criminal victims compensation committee Criminal victims compensation shall be determined in the application for the national criminal defendant for a year without ability after more than a term, put forward the not be entertained.Criminal victims compensation committee shall, after receiving the application in 15 days make a decision whether to give compensation decision. The applicant for the amount of compensation and no compensation of decision disaffected, can apply for a review. Countries enjoy to his right of recourse.The object of compensation for criminality violation caused personal injury disability of the victims, or families. At present, the state shall compensate the person of the loss of criminal victims, spirit no compensation for losses.Chinese criminal victims compensation system should be set no compensation of the case. Country of criminal victims compensation for citizens of the country embodies the protection and responsibility, but the compensation standard will subject to national financial ability. In China's criminal victims compensation system can refer to the practice of other countries and regions, according to the existing general civil compensation programs and calculation standard, determine the items and standards of the state compensation.The main source is the capital of the people's governments at various levels in appropriations, especially the central people's government and the provincial people's government. In order to make the criminal victims compensation fund of funds shall be more full, multi-channel, multi-level absorb all aspects of funds.Criminal victims compensation system by the people's procuratorate to the implementation of the supervision, also give audit supervision through auditing departments... |
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