The Study On The State Compensation System For Criminal Victims

The purpose of the victim in criminal procedure is not only hope to punish the offenders,of course also to hope to get compensation.It is difficult to estimate that crime on the right to life and health and mental trauma.As a party to the criminal proceedings,the victim certainly wants the offender to be punished and also get the damage compensation from the offender.But because of the problems in the practice of justice and the defendant unable to pay compensation caused many victims are not obtain compensation.Some criminal victims may be unable to obtain compensation because of lead to life dilemma,distrust of the judiciary,to revenge against society into a new criminal offence,is not conducive to social stability.Throughout the country's foreign compensation system for victims,the state can get a certain relief to victims who don't get compesation from offenders to appease the victim,ease social contradictions,restore the judicial trust.China has not formally established the system,but in the judicial practice,the victim cannot get compensation phenomenon is serious,some provinces have started to rescue pilot work on cannot get compensation and life difficulties give the victim's relief,which explains the urgency of the victim relief in our country.This kind of practice is to protect the interests of the victim,but there are many problems in the reality in relief.As a background,this paper wants to explore the feasibility of constructing a unified national compensation system for economic compensation for victims in our country,and the theory and how to build the system.Through the study of other countries of the state compensation system,the appropriate reference to other countries of the outstanding practical experience in China to build a unified system of compensation and legislation of the victims.The full text is divided into five chapters altogether.The first chapter discusses the basic concepts of the criminal victims state compensation system and its problems and value analysis.The second chapter introduction and comparison of the basic contents of the legislation of the main compensation system in some foreign countries,and summarizes the similarities and differences between the national compensation system of criminal victims in other countries,and provides reference for our country.The third chapter analyzes some basic theories of establishing the system,and provides theoretical basis for the establishment of the system.The fourth chapter analyzes the necessary and feasible reasons for the establishment of the national compensation system for criminal victims in China,and this explain the urgency of the establishment of the system in China.The fifth chapter discusses the specific design of the state compensation system in order to make the establishment of the system to make the best.