An Inquiry Of Criminal Victims Reliefs System

The reliefs of criminal victims has attracted the attentions of domestic legal experts, scholars and professional practitioners who have put forward many institutional construction ideas. But from the perspective of legal practices, although many places promulgated local policies of criminal victim reliefs, such local congresses as Gansu, Wuxi passed regulations or policies, but the issue left unsettled properly. Based on the detailed analysis of such phenomena as not-in-place reliefs, reliefs without significant effects and hero in blood and tears, this dissertation argues that fundamental causes lie in the backwardness of the existing relief mechanism. The existing relief mechanism identify the relief target basing on the evaluation of whether there is difficulties in the living of victims and their families, not on the scientific classification of the criminal victims and relief in different ways, resulting in no significant social effects and such phenomena as "hero with blood and tears" taking place repeatedly.This dissertation argues that reliefs system should be on the basis of proper evaluation of whether the criminal victims have faults, whether suffering harm from protecting public interests, and classify the victims into three categories:with faults, without faults and suffering harm from protecting public interests, then cast reliefs binding to the degree of living difficulties. To the victims with faults, we should relief in the lowest degree to maintain the basic living; and to the victims without faults, we should relief no less than minimum living standard and get close to the living standard before harm; to the victims suffering harm from protecting public interests, we should cast not only maximum material reliefs, but also mentally praise them highly, restoring the living standard as the basic requirement, aiming at surpass that before the harm, and give more inclination to them in such policies as employment, children educations, household registration. As long as they deliver applications, the reliefs system should satisfy their needs, leading the whole society to realize that it is a lifetime proud to maintain social interests and carry forward social justice, which in turn agitate social learning and purify the social atmosphere to play a promoting role in the construction of a harmonious society.