Study On The System Of Criminal Compel Restitution

For illegal possession, dispose of the property of another crime, the direct purpose of crime is through encroaches upon the victim’s property and obtain economic benefits and the loss suffered by the victim in this kind of crime is mainly reflected in the economic interests, China’s "criminal law" Article 64 off on the provisions of criminal compel restitution system, is to punish such criminals can not because of the crime and profit, of important provisions to protect the victim legitimate property rights, is the victim rights relief legislative basis. But due to the provisions of the present law of criminal compel restitution system is too principle, criminal procedure law is also a lack of corresponding processing program, plus our country has always been affected by traditional nationalism first and punish the criminals to the influence of the principle, punishment idea is still the idea of "heavy punishment, light people", "heavy combat crime, light protection of victims’ rights", namely the criminal crime, focused solely on through the criminal punishment to maintain the ruling order of the country, while neglecting the loss of the victim sustained make up, repair. Practice shall be ordered to make restitution system has faced difficulties:A is the current law of our country of criminal compel restitution system lack of clear and specific procedural requirements, resulting in practice in public security, prosecution, courts in the concrete implementation will inevitably produce estrangement, dislocation and even contradictory; criminal responsibility make restitution system implementation has not yet been program and system of, caused by the practice of criminal restitution judgment "empty sentence" phenomenon is serious, almost become a overhead of the system; the third is interpret relevant judicial to compel restitution system and eliminate the victims to file an incidental civil litigation relief channel, only through filed a separate civil litigation relief, neither economic nor effective. And so on, the problems in the practice, which have long been neglected by the theory and practice, need to be studied and explored.Ordered restitution system suffered in the judicial practice in the operation of the real predicament based on failure, lack of legislation of criminal compel restitution system and the practical operation of the in-depth analysis, comparison by comparing the foreign countries of the system of legislation and practice, put forward from the following aspects of criminal compel restitution the system and perfection of legislation: one is the reconstruction of order restitution system, including the concept of reconstruction, reconstruction of nature; two is the application of relevant judicial perfection and ordered restitution; three is the establishment of a complete set of ordered restitution of relief programs, including the restoration of the incidental civil lawsuit, and ordered restitution to enforce judgments given in return, the introduction of the criminal reconciliation process the system, will serve as executive punishment basis, establish the state assistance system of criminal victims, restitution cases, through a variety of remedies to protect the criminal victim’s "dead right", which activate the criminal and ordered restitution system, from the "soft power" to continuously improve the credibility of China’s judicial authority and judicial.