Thesis On Litigationalization Of Criminal Compensation Procedure

The criminal compensation procedure is a procedure that victims file a claim, and therelevant judicial department undertakes the liability to pay compensation.It is a non litigationprocedure, which will cause difficulties for victims to claim compensation, due to the diversifieddepartments that lack of fairness guarantee, and lack of supervision of non-public scrutiny andfinal arbitration of the compensation committee. This thesis will focus on three different parts ofthe procedure, trying to find out and analyze the causes of the uncoordinated relation betweencriminal compensation procedure and litigation procedure, the unreasonableness of setting of thedepartments and the incapableness of the departments to guarantee fairness. Combined with theinvestigation of the compensation procedure, the legislative mode and the relevant judicialdepartment of other countries, this thesis will forward the significance of the litigationalizationof the compensation procedure and some procedural designs, including making the judicialdepartment take the place of the organ liable for compensation, considering the compensationcommittee as the trial organization and balance of the burden of proof, start of the litigationprocedure and litigation procedure supervision by the Procuratorate, etc,...