The Country Compensation System For The Immature Victims Of Sexual Crime

The underage victims of sexual crimes refer to the victims who have suffered sexual abuse under the age of eighteen years of age. Underage victims due to physical and mental development is not mature, the understanding of things is not perfect,after exposed to sexual abuse will not only physical damage, the more serious is the spirit damage what will often accompany his life.But the criminal suit with civil action system of our country only stipulates the victim's claim for material damage, and the right to claim the compensation for spiritual damage is excluded,and various social forces have not given enough attention to the minor victims of sexual assault.As a result, the rights of the juvenile victims of sexual crimes have not been fully guaranteed.Building the national compensation system for the underage victims of sexual crimes to offer them economic compensation and psychological rescue is the guarantee of human rights of victims, as well as the demand of the principle of the best interests of children established by the international community, it is also the responsibility of the state. China has the financial ability to set up national compensation system for victims, our country is fully capable of supporting the operation of the national compensation system for the underage victims of sexual crimes.The paper will describe the protection of the rights of the victims and the necessity and feasibility of the system,then,put forward my ideas about the establishment of the national compensation system. According to the particularity of juvenile crime victims emphasizes the ways of national compensation should have diversity, including not only the economic compensation shall also include psychological assistance.This paper is divided into four parts.The first part introduces the related concepts of the underage victims of sexual crimes and the national compensation system for the underage victims of sexual crimes. And it also points out that the harm to the minor victims of sexual crimes is varied, including not only physical but also mental damage.And the incidence of cases of attacking minors in our country in recent years is high,and the victims are younger and younger.The present situation of minors' rights protection is grim.The second part introduces the current situation of the protection of the minors in our country. The criminal suit with civil action system of our country while giving the victim's right to claim for compensation for material damages, stipulates that the victim can require the defendant to compensate the material loss suffered by him, but has also provided demand compensation for mental damage can not. But in judicial practice, many defendants sentenced to compensation for the loss of the victim though, but for various reasons the final compensation is not implemented, the loss of the victim is unable to get up. The criminal victims relief work from all over the country has not given enough attention to the juvenile victims of sexual crimes. Although there are a number of public welfare organizations in the community attention to the legitimate rights and interests of the victims of sexual crimes, but the strength of these organizations is very limited. On the whole, the legal rights and interests of the juvenile victims of sexual crimes still not get enough protection.The third part discusses the necessity and feasibility of the establishment of the national compensation system for the juvenile victims of sexual crimes. According to the theory of social contract, state monopoly rights of criminal punishment, should protect citizens against crime, when crime actually occurs that countries do not conscientiously perform their duties, so it need to take some responsibility.From this point of view, the establishment of national compensation system of criminal juvenile victim compensation is the national commitment to the responsibility of their own. And state compensation for the victims is also an important part of the protection of the victims` human rights, or the requirements of the principle of the best interests of children. In view of this, it is necessary to establish a national compensation system for the victims of sexual crimes.With the development of the victims`theory in our country, we have the theoretical basis of the national compensation system.And the facts that China's economic strength is growing,and all over the country have started to rescue the criminal victims provide the economic foundation and the practical foundation for the establishment of the national compensation system.The fourth part puts forward the idea of the establishment of the national compensation system for the juvenile victims of sexual crimes. Put forward the principle of compensation, compensation object,compensation mechanism,sources of compensation funds,compensation mode and legislative mode.According to the particularity of the victims, the compensation mode should be diverse, including economic compensation and psychological assistance.Not only discusss the conditions, institutions and procedures of economic compensation,but also expounds the main body and the way of psychological relief.