The Local Construction Of National Compensation System For Criminal Victims

As a kind of social phenomenon,Crime has caused attention from people、goverment and scholars.of course,there is concern about which of the victim.Victimology originated in twentieth Century 20 years,Our country started the research of victimology until twentieth Century 80’s,research on the national compensation system for criminal victims started much later,in the late 80’s and early 90’s were put forward.Study of Criminology stress to the criminal suspects and defendants,the offender rights beyond even the victim rights and the rights of victims seems to no one shows any interest in.After the reform and opening up,our system of criminal law in the protection of the legitimate rights of criminal suspects,defendants have made great progress,protect the right of the suspect and the defendant also gradually win support among the people,but the right of the victim is forgotten by the state.In the judicial practice,about more than 80%of the victims are unable to receive compensation from the defendant,the defendants were sentenced to felony cases is more serious.Therefore,the legislation of state compensation for criminal victims is very important.At the same time,one of the system of national compensation system for criminal victim as the balance of criminal suspects,defendants and victims of the legitimate rights and interests,has effect to ease social conflicts and construction of the protection system.The first part of this paper does a brief summary of the national criminal victims compensation system and its theoretical basis.Distinguish the differents between the concepts,summarizes the legislation of various countries and various basic theory research characteristics.In the second part,use the basic condition of our country as the foundation and starting point of legislation,study through the practice of the system of the criminal victims relief in our country course of exploration,results of our country’s problems,such as China’s legislative practice of partial relief rather than compensation;partial regional rather than national;partial policy driven rather than by the guiding of law.These lead to the construction of national compensation system for criminal victims.The third part is the analysis of the necessity of the legislation,legislative conditions and obstacles to the system of state compensation for criminal victim in our country.The fourth part was obtained by comparing,that our country’s legislation mode and basic principles applicable,which provides direction guidance for the construction of the system and the legal system.The fifth part is to carry out comparison study on several specific issues in dispute,and focus on practical situation in our country to determine the solution of the problem and stress mode.The characteristic of this paper is to pay attention to the existing national criminal victims relief system that our country has had.On the basis of this,put forward the further improvement of the system.This paper will also build a macro state compensation system for criminal victims and specific problem analysis as the two part discusses in details,hope to do a contribute to our country’s national compensation system for criminal victims.