On The Construction Of National Compensation System Of Criminal Victims In China

Criminal victims are victims of crime.As far as the victim is concerned,he shall have the right to receive compensation from the criminal party after his lawful rights and interests that are infringed upon by the criminal act.According to the judicial practice of our country,the victim's loss mainly depends on the compensation of the criminal incidental civil lawsuit.However,the current actual situation is that the liability subjects cannot compensate for the large number of cases,so that victims can not realize the desire to compensate,life is difficult,causing social instability.The victim and the victim's relatives have been petitioning for redress of wrong-doing for a long time.There are a lot of relevant policies,but they are not enough to completely solve this problem.I found this problem during my undergraduate internship in the court.During my postgraduate study,I had an in-depth understanding and study of this problem and made discussions and analysis.Criminal victim in China national judicial assistance system itself has many deficiencies,lack of unified standard of relief,compensation object and scope is too narrow,state compensation is not standard and easy to be a tool of visit,can't meet the demand of the present criminal victims' legal rights and interests protection.The national compensation system of criminal victims can better protect the lawful rights and interests of criminal victims.There is a state responsibility theory for the state compensation of criminal victims,Social security theory,Said seven theory as the basis,including social welfare,the author puts forward to limited state responsibility said for its legitimacy theory basis,according to the development of our country current situation,theory research and beneficial exploration in the judicial practice,draw lessons from the countries and regions outside of part of legislation in accordance with our national condition view,establish our country criminal victims compensation system,help the implementation of the penalty purpose,the guarantee of human rights,with practical necessity and realistic feasibility.China should change the legislative system of criminal victims relief,from previous temporary,transitional,dispersed relief pattern make special uniform criminal victims into national compensation law mode.