Research On The Protection Of Damage Compensation Right Of Criminal Victims

The criminal damages right of victims mean for criminal victims have rights ormental damage and material damage caused by the crime, the offender is entitled torequest compensation, and then get on the substance of interest on the propertyrestored. You can either request the return of the original, you can use the money to dothe equivalent compensation can also be used as compensation for labor fold.Victims’ right to reparation is rooted in the concept of human rights protection,justice and retribution outlook outlook. The right to the protection of victims ofdamages is a necessary requirement to protect human rights, in favor of punishmentand crime prevention, help conserve judicial resources, penalty-relief. In the same staterevenge, blood revenge of primitive society, people want revenge, there is no right todamages. With the development of agriculture, the emergence of private ownership,especially in generating money, so that people whose rights have been infringed upon,hoping to be on the financial compensation, and then replace the brutal violence ofrevenge, compensation for this social behavior gradually be promoted. With thedevelopment of agriculture, the emergence of private ownership, especially ingenerating money, so that people whose rights have been infringed upon, hoping to beon the financial compensation, and then replace the brutal violence of revenge,compensation for this social behavior gradually be promoted. With the establishmentand expansion of state power, the country’s growing desire to punish crime, civilliberty transferring more and more, so that more than the "protection of the publicinterest." National center referee from the initial party gradually transformed intocriminal prosecution side, and gradually replace the victim to exercise the right toprosecute crimes and punishment of crime victims on the verge of shrinking the rightof victims of damages in a state of decline. Through the interpretation of the newconcept of private crime-infringement, as well as a new conception of the nature of thecrime of serious infringement of Reinterpreting, and the impact of the concept of restorative justice, victim protection in the context of the movement, under theguidance of the theory of the victim the victim back to national criminal justiceperspective among the victims the right to damages revival. Damages for infringementof the right to have found a civil nature, to enhance the status of victims, the protectionof victims’ rights has become the subject of widespread concern of the internationalcommunity to strengthen the right to become a victim damages of course the questionof meaning.Damages of victims of criminal law to protect the right to protect the status quointo the proceedings protection, executive protection, a lot of problems in practice,such as the criminal with civil appeal rate increased, the implementation of propertydifficult, difficult to get right to the victim damages comprehensive protection. Themain reason for the analysis: the right of ownership is unclear damages; damagesfunction of weak right; the right to a single path for damages. Specific performanceshrink the scope of compensation, property protection imbalance, incidental civilaction has a dependent, and other aspects of program execution imperfect. Moreover,the body can play a protective role and autonomy of the criminal settlement there arealso many problems.In reference to the victim outside the protection of the right to damages based onthe recommendations of the right to the protection of victims of damages. Confirmcivil damages compensate property rights, the rights of the subject, the scope ofcompensation, compensation standards and other aspects to maintain some degree ofconsistency with the civil law, establishing the principle of full compensation andpriority claims. That mental damages eliminate unreasonable, dependents livingexpenses as indirect losses, should be protected, but not included in the scope ofcompensation for moral damage be excluded. Established as a non-punitive damagesright approach is one way to bear criminal responsibility, and therefore can be appliedalone or in combination applies to damages and penalty methods by combining thecomposite sanction, namely an impact on discretionary penalties and penalty statutorychanges plot. Further exploration of damages right path to achieve diversification,given alone or incidental to bring a civil action to choose, perfect property preservationand advance payment system, the establishment of the property crime investigation,control and tracking system, the establishment of prison labor remuneration system ofcompensation, the establishment of a creative compensation system. Restorative justice major from safeguarding national interests and social order perspective on penaltiesapplicable to offenders that criminal behavior is a violation of individual rights,primarily to punish perpetrators from the repair, protect the rights of the angle, and thispenalty decision made by both parties, may include an apology, compensation forlosses, provision of services and so on. The traditional concept of criminal justice canonly get a brief meet the emotional victim retribution, and restorative justice are betterable to play the role of punishment and comfort, help protect the rights of victims ofdamages. The full introduction of restorative justice in criminal mediation andreconciliation, in order to maximize the interests of the victims the right to protectionof damages.