On Criminal Compensation System Under The Vision Of Human Rights

Criminal compensation, also known as criminal justice compensation, miscarriage of justice compensation, is an important legal system aiming for protecting human rights and restricting judicial power. The draft amendment of "International Compensation Law," was adopted on April292010. It improve the criminal compensation legal system to a great degree in terms of principle of liability-bearing, liability of proof providing, the range of compensation and the compensation procedures. However, there are still some shortcomings when it comes to the legislation of the Criminal Compensation system, for example, the ambiguous causality between infringement and compensation liability, inequitable principle of imputation and the narrow range of compensation. All of these issues are needed to be further studied. Some reasons contribute to the consequences that the criminal compensation system did not reflect the due humanitarianism. For one thing, affected by our traditional legal culture, the public have weak awareness of rights and equality; for another, economically underdeveloped situation leads to a limited national payment level; and therefore many events which deserve compensations are not in the list of compensation. Moreover, due to the unsound system; non-independent judiciary, the unenlightened justice system led to a variety of unreasonable items concerning the design of the criminal compensation system. In order to improve our national criminal compensation system, the emphasis should be on the following modification:to illuminate the definition of causality between infringement and compensation liability; the illuminate that the principle of liability-bearing of criminal compensation is result principle, to elaborate the reasons for exception from liability; to enlarge the range of criminal compensation including the loss of working time due to the cost of detention and the innocent under surveillance. The modification of national criminal compensation system accords with the trends of international criminal compensation legislation, accords with our national conditions and accords with the needs of building a socialist country. Also, the modification will play an important role in terms of ensuring human rights, restricting the abuse of judicial power and promoting judicial justice of judicial authorities.