Research Of The System Of National Compensation For Criminal Victims

With the development of the Human Rights Protection Movement,every country in the word focus on the rights of the accused in criminalproceedings into concern about the balance of rights between thedefendant and the victim. It has become an important issue in the criminaljustice reform that how to relief the personal and property rights damagedin the criminal procedure, especially those victim who fall into difficultposition because they has not get compensation from the defendant. It isan important way to solve this problem in many countries that theyestablishment the state compensation system of criminal victims.The Criminal Procedure Law amended in2012has added “respectand protect human rights” in the second piece. Therefore, we should beconcern about the victim’s basic right to exist when we improve theprotection of the defendant. There is a conception of the system by meansof a summary of the history of the victims of crime compensation system,then analyze its characteristics and the differences of related systems. To proposed the concept of harmony as the theoretical basis for China toestablishment the system after summarize and analyze several theoriesabout the theoretical of the Victims of Crime Compensation system. Inaddition, the article has make analysis and comparison of the legislationabout the system in the world’s countries and regions. At last, the articlepresents a preliminary conception refer to basic principles, the object ofcompensation, the terms of compensation, compensation agencies,compensation sources, compensation procedures and so on, through theproof of the necessity and feasibility to establish the nationalcompensation system for criminal victims.