On The Improvement Of The Criminal Victim Assistance System In China

“CPC Central Committee on deepening reform and comprehensive decisions on major issues” by the Third Plenary Session of the 18 th CPC Central Committee states that " A sound national justice system, improve the legal aid system." Although the system of criminal vitim assistance has certain development in our country, there are many problems affecting the implementation of the system such as lag legislation, imbalanced regional economic and social developments, and different practices from region to region. In order to improve the criminal victim assisatance system, it is necessary to examine the operation of the system in judicial practice, and after analyzing and discussing the problems, put forward ideas to improve the system. The organization which the author of this article workd with have carried out active exploration in criminal victim assistance in recent years. Some cases have achieved good results which might provide valuable experiences for the future legislation.On the basis of reviewing the theoretical basis of criminal victim assistance system, this paper analyzing the implementation and problems of the criminal victim assistance system in China. After introduces foreign legislative experiences on the criminal victim aid system from perspective of comparative law, it puts forward new ideas on the construction of the system combing with the actual situation of our country.The first chapter is an overview of the criminal victim assistance. Firstly, the author analyzes the concept of the victim in the criminal proccedure law and defines the concept of criminal victim assistance system in order to prove that assistance is a more scientfic concept than relief under the current situation. The author then dicusses theoretical basis and realistic basis for criminal vitim assistance which pave the way for the discussion below.The second chapter is about the present situation and existing problems of the asssistance system for criminal vitims in China. Based on the expositions of the preceding two parts, this part of the article exposits the present situation of assistance for criminal victims in China, and combing with the exploration and practice of the local procuratorial organ, it reveals the problems of the system from legislation and justice, which lays the foundation for the next part of the discussion.The third chapter is about outside investigation of criminal victim aid system.The author has carried on the detailed elaboration on the legislation of criminal victim assistance system in foreign countries which hopes to help the construction of a nationwide and standardized system of criminal victim assistance in China.The fourth chapter is about the improvement of China's criminal victim assistance system. The author suggests that if we want to improve the system, we could start with the following aspects: law on criminal vitim assistance should be enacted as soon as possible, the aid objects and reasonable assistance standards should be determined, the procedure of assistance should be standardized, the setup of assistance agencies and responsibilitied should be defined, and the multi linkage of social assistance should be strenthened.