Study On Procedure Of National Compensation For Criminal Victims

New Zealand enacted the world’s first "Criminal Victim Compensation Law" in1963.Since then, modern national compensation for criminal victims system has beendeveloped for nearly50years. As an exotic, the phase of "introduction " of the systemhas passed in China.With further research and the combination of academic achievements and practice,a series of monographs and papers on national compensation for criminal victimsappeared in succession, these academic achievements not only conducted acomprehensive discussion of the system, but also made a lot of comments, suggestionsfrom the perspective of comparative law. From the current academic achievements andlegislative experiences, these studies paid attention mainly to the following aspects:concepts, history, theory, value-analysis,object,scope, authorities, fund, procedures andso on.Taking the research method with a small incision and a large depth,the main objectof this paper’s study is the procedure of national compensation for criminalvictims.This paper selected and defined the following concepts: criminalvictims,national compensation and procedure,which are associated with this object.According to "space-time principle of unity"，this paper discussed all the major aspectsof the procedure of national compensation for criminal victims,and suggestedintroducting the "informed" and other aspects into the existing achievements. Based onthe above discussion and the following discussions which analysed the legal relationsof the national compensation for criminal victims, determined the rights andobligations of participants and their legal relationship and built the procedure by thecombination between the behavior of participants in legal relations and its timelimit,this paper made the construction of the general procedure of nationalcompensation for criminal victims.What’s more,this paper presented a fact that there are a lot no-investigatedno-prosecution no-sentenced and the other kinds of cases by analyzing the basis of thenational compensation for criminal victims.This paper also presented the idea thatdivide criminal cases into the different types according to the progress of criminaljustice and then construct their procedures respectively.Besides the generalprocedure,there should be a construction of special procedure such as "temporarycompensation" and "later repayment".This paper ended with the combination of the general procedure and the special one,which made the procedure of national compensation for criminal victims moreclear and complete.