The Research Of The Basic Principles Of The State Criminal Victim Compensation System

In China, in many cases of the judiciary practice, it is very popular that the rights of victims can’t be guaranteed, and even their families are likely to get into troubles in life. The State Criminal Victim Compensation System refers to a system that the state compensates the criminal victim or his/her family members, who were violated by the crime but did not obtain full compensation from the criminal or other ways, through certain legal proceedings. This system has a great significance to the protection of citizens’ legitimate rights, and the maintenance of the whole society’s order. However, in our country, we haven’t achieved the institutionalization of the compensation, lacking of unified legislation. Legal principles determine the nature, content and value orientation of a legal system, in order to ensure that the State Compensation System could be set up more scientifically and implemented more administrative, academia need to make a thorough study of the basic principles of the state compensation system, which is running through the compensation system and guiding the implement of the system. This article’s topic is the research of the basic principles of the State Compensation system. In this article, we discuss the extraterritorial legislation of the State Compensation system, and on this basis, compare and establish the basic principles that reflected from the system, then set up the basic principles of the Compensation System in our own country combine with the circumstance. The whole article can be divided into three chapters.The first chapter is the outline of connotation and the present legislative situation of the State Compensation System. First, we should define the concepts of legal principles, the State Compensation System and other related concepts, and consider the value of the basic principles of the state compensation system. Then by analyzing the establishment and implementation of the system, we can know the present legislation situations and existing problems in our country’s compensation system.The second chapter describes the basic principles of the State Compensation system. We mainly introduced the Britain and the United States in common-law system, and Germany, Japan and South Korea in civil-law system. In this article we also introduced the Compensation System of Taiwan and Hong Kong regions. Then by analyzing the Compensation System in various countries and regions, we can find out the basic principles, which can provide a preference for the establishment of the basic principles in our country.The third chapter discusses the establishment of the basic principles of the State Compensation System in China. Before it, scientific, accurate setting standard is the essential prerequisite of the establishment of the basic principles. The basic principles should not only have the basic features of the legal principles, but also have their own characteristics. By these standards, the article divided the principles of the State Compensation System as five. They are the principles of fairness and justice, welfare principle of exhaustion of other remedies, conditional to obtaining compensation principle, the principle of due process and the principle of compensation in a timely manner. The five principles confirm and add each other, they are the basic tenets and norms that should be followed when set-up and implement the State Compensation System.