Thinking About Expand The Scope Of Criminal Compensation

According to the Law of the People's Republic of China on State Compensation, the scope of Criminal Compensation is stipulated by samples, which is include positive, negative and exclusive samples. The characteristic of the stipulation is explicitly, detailed, but limited. At the initial stage of establishing the system of Criminal Compensation, the scope of compensation is very limited. But following the development of law system building, to extend the scope of the rights and interests become necessary. Under this environment, the shortcomes and limitations of the stipulation" by samples is becoming more and more obviously.The stipulation by positive and negative samples would cause the consequence that the definition of Criminal Compensation cannot be covered completely. So that, people in the practice would face some troubles, which like the situations cannot find both in positive and negative samples. How to solve the problems will be our topic.To extend the scope of Criminal Compensation, we need not only clearly understand the definition and theories, but also adjust the system of the scope stipulation. We suggest that use the stipulation by definition for positive situations and use the stipulation by samples for negative situations, which will cover all the compensation terms and eliminate the affairs and behaviors that should not in the scope. Furthermore, the scope of Law of the People's Republic of China on State Compensation is expanded to can file for litigation.This project will focus on the topic of how to reasonable expand the scope of Criminal Compensation. The project consult the theories of PRC Criminal Compensation system, in order to discuss the stipulation of compensation scope, and then combine with the inspect of the relative compensation regulations in the foreign countries . Also, it provide and analysis the instances.