Analysis Of Legal Issues Of The Criminal Victim Rescue System

Refers to the criminal the victim assistance system,criminal violations that troubled life of the victims and their relatives,for crimes has no ability to pay compensation or due to reasons such as case has not yet been detected from the infringer crime or other ways to get compensation,shall have the right to request the country gives aid,and the assistance in the form of grant aid by the country's legal system.Restricted from criminal the victim assistance system,emergency,complementary three characteristics,criminal victim system has its own unique positioning,both part of the nature of the social relief,social welfare,and the criminal justice system is connected,so is a new kind of social law system has the color of criminal law,criminal the victim assistance system is a kind of supplement on system of other law system,belongs to an organic part of criminal policy,has the prevention and control crime,to enhance people's reform of the judicial trust punishment,promote the value of the aspects of connotation.To the victim's relief scope should be to life,body health law benefit benchmarking to the result of the serious damage,no criminal responsibility person,serious mental damage and casualties caused by traffic accident crime of murder case,should be included in the range.Benefits of the project is divided "survivor benefits" and "benefits".The salvage system of criminal victims of our country is not suitable for the benefits of credit for a specific amount specified directly,but rather as a base multiplied by a certain ratio to calculate,balance the various factors,the worker average wage is a relatively fair and reasonable optional base.Countries to pay benefits,the victim in the salvage value range of the offender or other person shall be liable for compensation shall enjoy the right of subrogation.About the setting of the relief agencies,should set up unified relief agencies to be responsible for the criminal victim relief work.The aid agency enforcement power should have advance payment,and right of subrogation right of recourse against the power.