| When criminal victims rights has been paid more and more attention today, as one of the important means of criminal victims' rights relief, criminal victim compensation also has been favored by the theorists and the judicial practical realm continuously. At present, it has not yet to establish a unified criminal victim compensation system in China, then theory circle and law enforcement authorities around the country are also actively involved in building a criminal victim compensation system exploration, proposed a different ideas and programs. Under the leadership of the Chongqing municipal Procuratorate, the People's Procuratorate of Chongqing Hechuan(This article is the "Hechuan District Procuratorate")has also formally launched criminal victim compensation since 2009, which has been carried out for more than two years. Therefore, the purpose of this article is to, through to empirically investigate, analyses and research the implementation of the criminal victim compensation's situation by Hechuan District Procuratorate in this two years, from the angle of the design procedure, perfect system, supporting measures,sum up experience, find problems actively, and puts forward the related proposal.The full text is divided into three parts, the specific contents are as follows:The first part is mainly to introduce the background of implementation of the system that compensation of the criminal victims and the main contents of the criminal victim compensation system in the paper. In this part, the author firstly introduces the system background of implementation of victim compensation by Hechuan District Procuratorate.Secondly, introduces the main content of the criminal victims compensation system of Hechuan District Procuratorate,mainly include:(1)implement the criminal victim compensation cases of professional management;(2)accurate definition of the scope of criminal victims;(3) to"serious difficulties in life" as a condition to undertake essence is examined; (4) the sources of funds, management and use of the classification responsible, effective separation; (5) according to the principle of adhering to the written application; (6) compensation decision executes collective discussion, grading examination and approval; (7) to execute "compensation commitment system" and "releases the law analysis of the education system".Finally, the Hechuan District Procuratorate implementation of compensation for criminal victim's main characteristics are summarized, including: (1) emergency nature; (2) limitation; (3) passive; (4) reveal all the details; (5) good resistance (no fault of); (6) of subrogation.Through Hechuan District Procuratorate's executive compensation of criminal victims of macroscopic introduction, overall grasp of the basic features of the system of compensation for criminal victim.The second part is mainly to analysis and demonstrate specificly for criminal victims compensation system's operation situation, achievements and existing problems of Hehuan area procuratorate. First of all, the specific situation of criminal victims' compensation of Hechuan District Procuratorate are introduced, mainly including:(1)source of cases;(2)the types of cases;(3)the lawsuit stage of criminal cases;(4)compensation strength. Secondly, the author summaries the achievements of the executive compensation of criminal victims in Hechuan District Procuratorate, mainly including:(1)the difficulties of victims'life has a certain degree remission;(2)to the victims of mental trauma has a certain degree of comfort;(3)enhance the image of the prosecutorial organ and authority;(4)maintenance the state organs of normal working order;(5)to promote the construction of socialist harmonious society. Finally, the Hechuan District Procuratorate implementation of criminal victims compensation problems that exist in the process are discussed, including:(1)compensation scope and compensation standard is not clear and specific;(2)to"serious difficulties in life" as the compensation condition is unfair to the other victims;(3) the sources of compensation funds channels are too narrow, insufficient budget; (4) The ruling body is not uniform;(5) lack of supervision and review procedure;(6)for compensating victims of enthusiasm is not high.The third part is mainly aimed at the problems of Hechuan area procuratorate implementation of victim compensation that exist in the process, according to the actual situation, put forward suggestions to perfect the system of compensation for criminal victims, including:(1)refinement of compensation scope and compensation standards;(2)reform to "serious difficulties in life" as the main compensation conditions;(3) enlarging compensation funding sources;(4)the establishment of a unified decision organ and an execution organ;(5)establish the supervisory and review procedure. |
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