Research On Criminal Victims State Aid Conditions

There has been an immemorial legal proverb:a crime exists, a victim must exist; a victim exists, a remedy must exist. How to provide the victim injured by the crime a fair protection and effective remedy is an issue that attracted much attention in field of Criminal Justice, because in the practical cases, most of the criminals have no ability to make the civil compensation that makes the civil judgment become a dead letter. So it is necessary to establish national assistance regime relieving the victims which makes for safeguarding the public safety raising the confidence of the masses in justice. Up to now, the only assistance regime is the Exceptional Poverty Relief Ordinance in Wuxi city enacted in2009which complemented the shortage of victim assistance regime in the legal sense. But in the actual judicial practice, there indeed exists some appropriate remedies provided by other regions governments or agencies from time to time, especially some serious and bad social effects cases with more casualties, or the cases involving foreigners being the victims, or the cases involving victims got injured when doing heroic deeds. Such criminal victims with much difficulties or have positive social effects have been relieved by related governments and agencies under the circumstances that the criminals or liable person were unable to compensate. But there are no uniform standards suitable to the conditions under which the qualified person can get the national assistance. This article, based on the Exceptional Poverty Relief Ordinance in Wuxi city, is to extract and simply analyze the basic conditions of the national assistance regime on the criminal victims.The first chapter elicits the critical function of the national assistance regime: Two recoveries, and introduce the first local regulation on the national assistance on the criminal victims:<Wuxi Exceptional Poverty Relief Ordinance> also analyzes the target of the national assistance regime:harmonious society and based on the above analysis to elicit the importance of establishing national assistance regime.The second chapter analyzes the main organs of the national assistance:who and where can apply the national assistance, and makes a delimitation between the state organs responsible for the national assistance, the author thinks the responsible organs should be divided into deciding authority and the rescuing authorities.The third chapter is main point of the whole paper. It divides the application conditions into positive conditions and negative conditions. The author hopes to make some efforts on under what kind of conditions can criminal victims get the national assistance in the actual juridical practice through analyzing the positive conditions and negative conditions.