The Research On Constructing Concrete System To Guarantee The Victim Compensation Claim When Criminal Defendants Are At Large

Criminal victims have the right for compensation--the right of compensation claim, what is achieved by investigating for criminal defendants’ civil liability for compensation. In our criminal judicial practice, in criminal defendants documented cases, criminal victims can achieve the right of compensation claim through criminal and attached civil lawsuits; when the criminal defendants is at large, criminal procedure is suspended. According to provisions criminal and attached civil lawsuits program can not start, the victims have no right to mention independent civil action. All of situation shows that the victim in a fully "helpless" state. The article mainly for the situation of the criminal defendants being at large, want to talk about how to through the procedure to guarantee the victim compensation claim, and then construct concrete system to solve this problem. The first, the article wants to talk about the theoretical basis of constructing concrete system to guarantee the victim compensation claim when criminal defendants are at large. And then the article is going to comparative study lay outside the relevant system. The third, it is to analysis the legislation status of China’s criminal victims’ compensation claim procedure guarantee. Finally, after anglicizing the feasibility and necessity of the constructing concrete system to guarantee the victim compensation claims when criminal defendants are at large, the article wants to construct concrete system that is suitable for China’s national conditions. This article with a division of four parts, the main content as follows:Part I of this Article elaborates the theoretical basis of constructing concrete system to guarantee the victim compensation claim when criminal defendants are at large. The first, it according to litigant phase, nature of case and criminal defendants’identification or not to type analysis the situation of criminal defendants are at large. And then it uses comparative analysis to define the victim concept. The third, it defines the victim compensation claim concept and definition of procedure guarantee. At last, it introduces the system construction of the related theoretical basis.Part II comparative studies lay outside the relevant system. The first, it introduces Italian criminal trial by default system. And then it investigates American criminal victims’ compensation system. At last it introduces Mechanism of Assets Back of the United Nations convention against corruption. Part III utilizes a positivism analytical method in the further synthesis of the legislation present situation of our country criminal victims’ the rights of compensation claim. After introducing between the situations of criminal defendants is on record and on the loose, the procedures safeguard legislation of the victim compensation claim, this article further discusses the reason of the lack of legislation in the victim compensation claim procedure guarantee when the criminal defendants is at large.In Part IV, after anglicizing the feasibility and necessity of the constructing concrete system to guarantee the victim compensation claim when criminal defendants are at large, the article wants to construct concrete system that is suitable for China’s national conditions.