The Study Of Civil Compensation

Civil compensation is one of the important systems in criminal cases when the court try the best to guard the people’s legitimate rights and interest, it is the important part of the court hand the jurisdiction, and the first way to maintenance the judicial authority. People more care the judicial justice in the course of the trial, especially reasonable compensation for the victim in the final judgment. Our criminal procedure law put the incidental civil compensation as the important part in the criminal cases, it is the guarantee of the implement the strategies of governing the country according to law, and the basement of impartial authority for the socialist judicial system, maintenance the people’s fundamental interests and social stability and harmony. So that, the court should seriously implement the death penalty case of civil compensation with the concern and the high hopes from the people.The paper put the incidental civil compensation of the death penalty case as a hot spot and an important research problem, discuss the civil compensation in death penalty cases in recent years, some related problems include the relief to the families of the victim. Using empirical analysis, theoretical analysis and case analysis method of combining, summarizes the theory and experience. In this paper, from the angle of legislation to clarify the death penalty cases of incidental civil compensation standards and should have specific provision, and further clear the relate suggestions about legal compensation principle. Prompted by means of state compensation in death penalty cases, which reducing the weak of relief for the victims and their families. By this study, to get a higher level in promoting the court trial and execution work, providing suggestions to the legislative branch. Promoting the improvement of the legislation and enforcement, which for the national death penalty and civil compensation.The first part expounds the origin and development status of the death penalty in our country, and civil compensation in death penalty cases did the basic theoretical definition, summarized its legal characteristics. For civil compensation act the role of death penalty cases through the analysis of legal theory do fully.The second part is about the foreign civil compensation system of death penalty cases. Making a detailed narration to the system of civil suit collateral to criminal proceedings of Britain and the United States which belong to the Common Law, and the Civil Law including the Germany, France, Japan and other countries of criminal incidental civil compensation system, especially in the Chinese Hong Kong’s legal system of criminal incidental civil. You can see these different countries and regions in the supplementary civil compensation for death penalty case law are different, but the legislative purpose is relatively uniform, this is under the influence of the modern concept of law of restorative justice.The third part analyzes the relationship between civil compensation and the death penalty, through some damage to the victim by the civil case, the defendant of the death penalty sentencing, the relationship between the civil compensation is analyzed, indicates that the interaction between the two to promote the development of the death penalty play a key role.The fourth part about the death penalty cases of state compensation. Of state compensation for the victim relief can have the effect of prevention of revenge and ease social contradictions, but the current state compensation in our country is only in view of the relief of administrative law, and no will of the criminal victim relief. Visible, the national compensation for the significant trial and execution, should be in death penalty cases of civil compensation system on the existing study to establish national compensation system, to perfect our death compensation standard in death penalty cases.The fifth part through put forward concrete suggestions for the death penalty cases of civil compensation system, in the legislation and legal practice two generous in front of the civil compensation to supplement the death penalty, reasonable apply to life imprisonment, establish the perfect national compensation system. Applicable to abolish the death penalty system is a difficult process, and the abolition of the death penalty is the inevitable trend of human society development. Advanced countries to learn from the legislation, at the same time, combining with the condition of our country and the present situation of legislative, judicial, targeted, making the targeted and constructive suggestions, is the biggest purpose.