Improve The System Of Compensation For Wrongful Arrest Criminal Thoughts

Criminal compensation system as an important protection of human rights legal system, is a measure of a civilized country, the rule of law an important indicator of the degree. Watch practice from a criminal compensation, criminal compensation for damages and prosecution are the main catch of compensation mistake. With the increase in criminal mystery as well as the People's Court in the case acquitted for insufficient evidence of increasing efforts to make the prosecution bears a heavier liability. Code of Criminal Procedure, 1996 an increase of insufficient evidence not to prosecute, there is insufficient evidence acquitted the provisions, and these cases are consistent with the arrest of some of the conditions of these cases should be compensation, "National Compensation Act" are unclear, and the State Compensation Law General Imputation principles stipulated in the law can not cover the whole law, resulting in the judicial application of the non-uniform. Long-standing theoretical and practical criminal proceedings, put the mistake with the catch of the National Compensation mistake confused catch. How to correctly define the wrongful arrest and criminal compensation relations, the correct evaluation of the quality of arrest cases, the establishment of a reasonable mistake catch accountability system, the protection of human rights, implementation of the National Compensation Law of great significance to the legislative purpose.My mistake because of the criminal compensation system recapture some of the flaw itself, as well as its lack of sufficient community awareness, resulting in the implementation process much of the less than satisfactory. Thus, the mistake to reflect China's current system of compensation for catching a criminal, are in order to further improve the system is conducive to the protection of human rights and maintaining social stability. In this paper, a comparison method, the focus from the correct understanding of the conditions of arrest, the arrest of the wrong definition of mistake of catching the criminal liability of compensation principles and catch mistake scope of criminal compensation be discussed, and contact with China's specific national conditions and criminal justice practice, learn from Western criminal compensation system's successful experience of the current Chinese system of compensation for criminal mistake catch the main problem, as well as on the ongoing reform of the criminal justice system to explore a complete set of China's mistake of catching the criminal compensation system a few specific ideas about the reform.