Study On National Compensation System Of Crime Victims

Up to the present time, our country only has the State Compensation Law, but still lacks the legislation to give the criminal victims state reimbursement. But in the actual judicial practice, most part of the victims who suffered material damage and mental impairment can not get real compensation, except some of victims can retrieve a certain amount of economic compensation. Finding the real reason, just because that there is no judgement to protect the criminal victim’s lawful rights in the amount of Criminal Cases which attached civil actions. Now, the people who can not get compensation have formed a great social group in our country. If this condition continues, there must be a series of negative consequences to the society. So the country should give them much more solicitude materially and mentally. Since the1950s, some criminologists from some countries have made effective discussion and research about compensation of criminal victims。 Some countries, such as New Zealand、 the United Kingdom have done the real actions to protect the civil rights of the criminal victims by made he State Compensation Law or added the style which has the content of state compensation. These researches and legislative instance offer valuable experience for china to study and enact such legal system.This dissertation analysis of the system of national compensation for criminal victims of basic theories, through the induction of the state compensation system for criminal victims of existing theory, analysis of China’s establishing state compensation system for victims of criminal legislation and the judicial situation, made clear our country to establish the national compensation system for criminal victims is designed, when the defendant does not have the capacity to compensation for criminal victim loss time, funded by the state to compensate for the loss of the criminal victim, criminal victims from the criminal to help bring its tragic situation, in order to maintain social long period of stability. Criminal victims compensation system for criminal victims, is a restorative criminal protection system, to fully protect the legitimate rights and interests of the criminal victim has important practical significance.At present, our country has established the state compensation system for criminal victims mature condition, It makes a claim that we ought to enact 《state reimbursement law of criminal victims》, combined with our country’s basic national conditions, this paper introduces the state criminal victims compensation system construction, bring forward disquisitive advice about the legislation function、 compensation principle、 compensation target、 compensation qualification and compensation process. Additionally, it argues that the state reimbursement system of criminal victims is not isolated, it must associate with the supplementary civil action in criminal proceeding system、 The Minimum Living Standard Security System and The common Social Assistance Program. And then, it gives a demonstration on how to link up these systems.