| The national compensation system of criminal victims has been established in many countries all over the world since in the 1960's. It gives the suitable compensation to the economic loss which suffers to the criminal victim, restores the social order and realizes fairness and justice. By comparison, our country has not established this system because of the backward justice idea, do not pay attention to the right of criminal victims but to the right of criminals, the weakness of the theoretical study and practical experience. It will not only aggravate the situation that people meet with the higher authorities, but also make against the realization of criminal victims'rights, the social stability, the development of harmonious society. So, the national compensation system of criminal victims has to be established and legislated in China as soon as possible.The article is based on judicial practice in China and draws on legislative technicality and experiences in foreign countries. And the author demonstrates the necessity and feasibility of the system in China and gives us specific legislation suggestion. The article can be divided into introduction, four relative parts of the study and conclusion.The introduction briefly represents the thesis, meaning, theoretical tools and methodology of the study, the basic thinking and the logical construction.The first part explains the logical starting point of the article. The author analyse the rights of criminal victims, introduces define the national compensation system of criminal victims and distinguishes some similar concepts with the system.The second part introduces the development, theoretical basis of the system and judicial practice in China which is also the reparation of the concrete suggestions about establishing this system.The third part discusses the necessity and feasibility of the establishment of the system in China. The necessity include the disadvantages of the weakness of the system, protection of human rights, trust on justice, the international trends of legislation on compensation system of criminal victims and so on. The feasibility contains domestic law and international law in China, legal theory and the economic level in China.The last part based on judicial practice in China and draws on legislative technicality and experiences in foreign countries. And the author demonstrates the necessity and feasibility of the system in China and gives us specific legislation suggestion.The conclusion induces the thesis of this dissertation and significance of the system established in China. |
