On The Construction Of The State Compensation System For Criminal Victims In China

The socialist rule of law with Chinese characteristics should be people-centered,take protecting people’s rights and interests in accordance with the law as its fundamental goal,safeguard social fairness and justice as its lifeline,and fully protect citizens’ human rights.Contemporary criminal justice system design is based on the defendant,however,as the center,more focus on the protection for the rights of criminal suspects and defendants,making it a "leading role" of the criminal procedure,and the problems existing in the judicial practice,the victim often get due compensation,become a "forgotten",often in the neglected embarrassing situation,Legitimate rights and interests have not been effectively protected.Some of the criminal victims may fall into difficulties because they cannot get compensation,and then distrust justice and may become new criminals,which is not conducive to social stability.Therefore,both in terms of promoting the modernization of national management system and management ability of the macro level,or to satisfy the masses of the people’s growing democracy,rule of law,fairness,justice,safety and environmental requirements of the medium requirements,or in a criminal case level through the protection of rights and interests of criminal victims to repair damaged social customs,to realize criminal society defense function,It is necessary to establish a national compensation system based on the principle of legalism.In this context,this paper wants to discuss the necessity and feasibility of building a unified national compensation system for victims in China,as well as the theoretical basis and how to build the system.The paper is divided into four chapters:The first chapter combs the exploration and practice of China’s state relief system for criminal victims,analyzes the problems existing in China’s state judicial relief mode,and proposes the necessity of changing from "state judicial relief" mode to "state compensation" mode.The second chapter sorts out the theoretical basis of the state compensation system for criminal victims,analyzes the theoretical basis and characteristics of the judicial assistance model in China,and then puts forward the theoretical basis for the construction of the state compensation system in China.The third chapter analyzes the realistic significance and objective conditions of constructing the national compensation system for criminal victims in China,and demonstrates it from three aspects of necessity,urgency and feasibility.The fourth chapter discusses the specific design of the state compensation system for criminal victims in China,which is elaborated from six aspects including guiding ideology,legislative mode,basic principles,entity provisions and procedural provisions.The rule of law is the key and optimal model for social governance.We should be good at promoting social governance with the rule of law thinking and solving problems in social governance through the rule of law,so as to ensure that the people resolve conflicts and claim their rights through the law.Perfecting and perfecting the national compensation system for criminal victims is of great significance to the protection of the rights and interests of criminal victims.We should be based on people,the rule of law,human rights,fairness and justice as the value orientation,law good governance as the basic form,pushing forward the construction of the new era of socialist rule of law system and perfect the rich Chinese spirit,Chinese style,Chinese style of criminal victim right protection system,fully protect the rights of the victim’s relief conscientiously,promote greater fairness in the judiciary,Promoting the protection of human rights for the broad masses of the people.