On The Applicable Conditions Of The Criminal Victims Compensation System

In recent years，Whether it is from the study, the theory circle of ourcountry on the necessity and feasibility of establishing nationalcompensation system for criminal victim is the hot point of view, or fromsome provinces and cities in China and actively carry out the practice ofthe criminal victim assistance from the government point of view,Indicates a point of view: That is the people in the feasibility andnecessity of the national compensation for criminal victims is alreadymore and more to reach a consensus, and from the theory and practice ofactive exploration and construction, can be said of China’s criminalvictims compensation legislation is full of passion, full of expectations.Of course, according to the extra-territorial legislative experiencehas established the national compensation system for criminal victim countries and regions, legislation relates to many problems, including forthe criminal victims compensation system, object of a criminal case ofChinese compensation to determine the eligibility conditions and is themost important issue facing the national compensation system startup.The need for state compensation eligibility criteria to define for thesereasons, on one hand because of the limited financial resources, willinevitably lead to the supply is less than demand compensation fundsituation; on the other hand, is also due to the concept of fairness andjustice can be truly embody and reflect the considered in legislation.According to the legislative process of the criminal victim statecompensation, must face the compensation object of criminal victim andhow to combine the actual conditions of our country to carry out theprovisions of the problem, so select this problem for further analysis.This paper uses the method of comparative analysis, At first theproblem is put forward, for the criminal victim relief system of our country practice of relief system for criminal victim in criminal victimsliving status and some provinces and cities; Then is the analysis of theproblem, a comparative analysis based on the relevant legal system ofoverseas, combined with China’s basic national conditions and extract therelevant factors of criminal victim compensation object conditions; Thelast is to solve the problem, the relevant factors involved are divided intotwo categories, one is about the victim ’s condition, the other is about thecriminal case condition.