Study On Several Questions Of Criminal Compensation In The Procuratorial Tache

In recent years,with the number of miscarriages of justice have fair results,the criminal compensation system has been paid more and more attention.As an important legal system for the protection of human rights in China,the effect of criminal compensation system directly reflects the degree of civilization of rule of law in our country.In 2016,The Supreme People's Court of The People's Republic of China and The Supreme People's Procuratorate of the People's Republic of China promulgated “An Explanation of Several Issues Concerning the Application of Law in Criminal Compensation Cases”,the further expansion of the scope of criminal compensation,the compensation standard and limit the exemption clause,especially the suspected crime included in the scope of criminal compensation from the doubtful case,the system of criminal compensation system in our country to further improve,at the same time also,the prosecution for criminal compensation cases formed a new challenge.The suspected crime from criminal compensation cases for doubtful case difficult to become a prominent issue,prosecution of criminal compensation cases doubtful in compensation for mental damage that it is difficult,the negotiation process is not standardized,applicable exemption clauses for non-standard situations exist.The reason,assessment indicators of performance appraisal system of procuratorial organs in the irrational play "guiding" role in criminal proceedings,under the pressure of examination,the prosecution to withdraw the prosecution to withdraw the case,after returning to the public security organ,to withdraw the prosecution instead of acquittal,caused by the suspected crime from criminal liability buried doubtful case the hidden danger of procuratorial organs bear.At the same time,the liability for compensation and doubtful the responsibility and the bound,investigators in the doubtful of criminal compensation cases have concerns,fear of responsibility,intends to apply even abuse disclaimer,avoid criminal liability,causing two damage to the victim.In the case of compensation for criminal prosecution problems also exposed the defects of China's criminal compensation system of mental damage compensation scope is narrow,the standard is difficult to determine,negotiation procedure flaws,the exemption clause is too broad,the prosecutorial supervision is ineffective.This paper takes H three years of criminal compensation in thedoubtful case as the starting point,summarize the existing procuratorial tache of criminal compensation case handling process,analysis the causes of study,procuratorial tache in handling cases of criminal compensation is the cause of the problem,seek to perfect the procuratorial work link of criminal compensation.In order to provide some help for the prosecution of criminal compensation cases.