The Analysis On The Range Of Criminal Compensation

In modern times, with the national theory of transmutation, the rise of the protection of human rights, the concept of rule of law’s emergence, many countries have gradually established criminal compensation system. On May12of1994, the seven meetings of National People’s Congress pass the State Compensation Law of the People’s Republic of China ", the special chapter of the Act provides criminal compensation, formally established our system of criminal compensation. However, the relatively weak national financial legislation, criminal compensation system lag legislative technical problems, so that the principle of culpability set unscientific, narrow the scope of compensation, unreasonable compensation program, and the formation of the applicant in the judicial practice is difficult to obtain compensation of the situation. Amended State Compensation Law, additional compensation for moral damage, derecognition pre-procedure reflects the many highlights of the advanced concepts. But in the criminal compensation, the scope of compensation has not been a substantial expansion.The full text of the current range of criminal compensation is on the problem of induction, has combed the historical context of criminal compensation system in China, and abroad, Germany, France, Britain, the United States and other countries, in the ideological, political, and economic dimensions of analysis broaden the scope of the feasibility of criminal compensation, and amending the law in a timely manner at the legislative level, the role of the judicial level to pay attention to the precedents and recommendations, build institutional level compensation claimant relief system.