The Discussion Of The Criminal Victim Compensation System

The criminal victims compensation system is the general name of the law principles and rules that represent the specific national agencies to give the criminal victims the economic compensations according to the procedures regulated by the law.The protection of the criminal victims in China lags behind the international averages a lot.Under the scholars' advocation,China has realized the new development of the social relationship that the criminal victims needing the state compensation and the public legal requirement of establishing the criminal victim compensation system.The central related state organs and the Party committees produced some policy and paper to promote and guide the criminal victim compensation in the provinces and the pilot work did accumulated abundant experiences.The urgent objective needs of the social life,the lack of the normative basis of the politic,economic,cultural conditions of the criminal victim compensation system establishment and the deficiencies of supervision absence,arbitrariness,uniformed standard,all of these are far away from the needs and exceptions of the social development.It is necessary to accelerate the space of the institutionalization and the legalization of the criminal victim compensation,actively have the legislature come into play and finally make the scholars' theoretical research results and the practical experience up to a high law code of the compensation for the criminal victims.The criminal victims compensation law should take protecting the human rights of the criminal victims as its fundamental goal and be established under the pricinples of limited compensation,timely compensation and territorial compensation.As a part of the socialist legal system,the formulation of the specific rules in such a system should be coordinate to some other rules of law.This paper can be divided into five parts:The first part is the summery of the criminal victim compensation system.This part starts from the basic conceptions of the criminal victim and the criminal victim compensation,which sets the basis for the later theoretical discussion and the system establishment.The second part is the current situation of the criminal victim compensation system in China.In this part,the author analyzes the feature and the main problem of the current criminal victim compensation in China from three aspects: legislation,judicature and practice.The third part discusses the necessity and the practicability of the establishment of the criminal victim compensation system.The author analyzes the objective needs from the society,the state,the individual and the current law system to the establishment of the criminal victim compensation system and further puts forward the opinion that China has already possesses the economic,theoretical and cultural conditions.The fourth part is the key part of the whole paper which discusses the system establishment of the criminal victim compensation.The author puts forward his own opinion of the establishment in China from the aspects of the legislative mode,legal principles,the range,objects,conditions of the compensation cases,the financial source,the compensative procedure setting and the relief procedure.