Criminal Compensation System

A Criminal compensation system came into being with the development of human civilizations。 It's Critical effect and un substitutable function for keeping social justice and realizing the aim of the Law, On May 12th, 1994, the state's Restitution law of the people's Republic of China was passed by the Standing committee of the National People's congress,, This is the first law to stipulate the state's liability on Compensation in our history。 It's the consequence of democracy and rule of law development。 It will have great effect on so many aspects, such as, protecting the Legal rights of the person and property, superving the government and civil servant to act according to the law, executing the law seriously, keeping the social stability, Smoothing the development of the society, realizing the Rule of law in our county, protecting the human rights。 The state's Restitution law is a critical point in our way to realize the social democracy and rule of law。 It's a part of our advanced legal Culture, However, We have to pay attention to the stigmas, which Was formed by defects on legislation and the Notion of people。 Here, in this paper, I will point out and explain in details the defects of legislation and the main problems in the process on enacting of the state's restitution law。 Basically, I will analysis from four aspects: the principle of imputed liability, the criminal compensation procedure and the execution of criminal compensation。Firstly, the principles on how to impute the liability Can't adjust to the whole law。 Which caused the contradictions on execution of the law, especially on the extent of criminal compensation。 It's necessary to institute a pluralistic principle of imputed liability system.Secondly about the dissoluble liability of the state'srestitution, the criteria provided by the law are too narrow, It has showed the unadjustment to the reality.We think that the extent of criminal compensation should be enlarged. Thirdly, the procedure of criminal compensation has many shortcomings. Which win block the enactment of the law. The law should be revised , the suit procedure is substituted for the decisive procedure. Fourthly, It's difficult for executing Criminal compensation. Those are benefit to protect the legal rights of the individuals and legal entities. The national people's congress revise this law. It is necessary for unilateral compensation instead of corporate compensation. Based on these problems, the law didn't achieve the goals of the legislation and the law didn't get the consent of the people . Only to realize these problems and shortcomings seriously and try the best to solve them reasonably, can't realize of the goal of the legislation to protect the legal rights efficiently ? The main function of legislation is to standardize the practice of executing the law. In return, such practice promotes the perfection of legislation. By execution of the law, the main defects and shortcomings may be found In the current law. Inthispaper, I will show my opinions from four aspects to perfect the State's Restitution law, which are the principle of imputed liability, the dissolution of the state's restitution liability, the procedure of criminal compensation and the execution of criminal compensation. I hope it will be benefit to the revision and perfection of the state's Restitution law. That Will be fine.