A Probe Into Criminal Compensation Procedure

In recent years,a series of unjust cases has been redressed.So the number of criminal compensation cases is increasing gradually,which attracted many attentions of the society.In the process of handling unjust cases,many problems in criminal compensation procedure was ambiguous,which plagued the victim,public officials,and jurist,becoming the grey area.Since the implementation of the "State Compensation Law",the criminal compensation procedure served as the procedural safeguard of guiding criminal compensation dispute resolution solved effectively.The importance of criminal compensation procedure is self-evident.At present,the domestic scholars mainly concentrated on the study of criminal compensation procedure in one stage procedure.Although some scholars put forward some legislative proposals from the whole criminal compensation procedure,related research has some limitations and lags with the development of economy and the further deepening of legal theory.In judicial practice,as a series of criminal compensation cases came into the public eyes,the problems of criminal compensation procedure in our country has been gradually exposed.The problems included different regulations on the procedure that organ under compensatory obligations code with the conflicts first,ambiguous nature of decision procedure;reconsideration procedure injustice,difficulty of enforcement,and recovery difficulties.This thesis started from the theory of criminal compensation procedure and compared criminal compensation range and legislative mode of procedure of related countries and regions with the example of America,German,and Taiwan area.This thesis analyzed and the legislative status,judicial status and research status of the criminal compensation procedure in our country.Combining with the analysis of criminal compensation cases happened in recent years,this thesis summarized the problems and defects in the criminal compensation procedure in our country.This thesis has expounded the proposals for the perfection of the criminal compensation procedure in our country.First,refining the procedure that the volunteer compensation organs code with the conflicts first,including clear accept conditions,accept procedure and consultation procedure.Second,confirming the reconsideration procedure being not necessary.Third,decision procedure litigation.Forth,strengthening the supervision procedure of criminal compensation.Fifth,perfecting the execution procedures,which including establishing corresponding enforcement measures and strengtheningsupervising the implement.Sixth,establishing the recovery procedure.Finally,establishing criminal compensation mechanism for legal aid.