In Criminal Cases In China 's Death Compensation System

Last several years, infanticide cases and throwing baby cases which happened allaround our country have caused widespread attention, these crimes have vile nature, ifour country don’t punish them seriously, our legal authority will be destroyed and ourlaw will lose the function of protecting human rights, by comparing the verdicts ofinfanticide case in Changchun and other familiar cases, consulting academic persons’opinions of these verdicts and the nature of death compensation, collecting most walkspeople’ opinions of relevant case’s verdict by the form of questionnaire investigation,discussing the problems in legislation and judicial process of civil action collateral tocriminal action, referring to foreign countries’ relevant legislation and judicial process,finally arrived at the conclusion: death compensation should have the double attribute ofmaterial loss and spirit loss, the victims’ death compensation should be supported in thecivil action collateral to criminal action，the death compensation system should beclearly established in our country’s civil action collateral to criminal action, the currentlaw doesn’t accord with the requirement of protecting the victims’ basic rights, and thepublic’s expectation of law, more than that, it has lost the fairness and justice of law.