Review Of The Criminal Compensation Program And Reconstruction

In the modern democratic society where nomocracy and human rights are emphasized, how to regulate judiciary power and guarantee justice is an important question which should be take into account in both lawmaking and law executing. The criminal compensation system, a remedy measure protecting the civic individual rights by restricting the criminal judicature imperia is essentially a redress system that gives compensation to individuals who suffered from the criminal judiciary injury irreplaceable to keep justice. It is a kernel of the criminal compensation system how to reasonably collocate criminal judiciary power and civic rights and ascertain a propriety line between them. Besides, we should improve the criminal compensation procedure system to put the criminal compensation system into effect. Today countries all over the world generally pay great attention to procedure law. it has become a common sense using the procedure confining and regulating the national power to ensure the citizen's basic rights effectively. So, in the rule-of-law-state road, it becomes more and more important for our country to construct and perfect criminal compensation systemThe criminal compensation system of our country was established in the "National Compensation Law of The People's Republic of China (1994)", turning the system from theory into practical legal norms. About 10 years of practice indicates that the procedure of criminal compensation keeps many victims from being compensated. The rub is that there are many serious defects designed in current law concerning procedure of criminal compensation such as unfair procedures, variety of departments obligated in compensation, excess procedures in compensating, being difficult to decide and carry out. Because of this, even the basic fair is unavailable, not mentioning the function of Human Rights Protection. It is good news that the National Compensation Law is going to be amended. Perfecting the procedure of Compensating will be one of the main course, to avail this golden opportunity , based on studying of basic theory of the criminal compensation procedure, analyzing of thecurrent criminal compensation procedure in our country, and foreign advanced experiences, the writer put forward a scheme of reconstructing the procedure of criminal compensation in china.As to the model of legislation, National Compensation Code or National Criminal Compensation Code focus on criminal compensation procedure is the worldwide tendency. Considering the differences between the criminal compensation system and the administrative compensation system, it is better to have a special compensation law focusing on procedure and entity of criminal compensation. In the aspect of procedure designing, the following principles should be obeyed: procedure equity, economic benefit, certainty, convenience to the victim and so on. To achieve this goal , the affirming procedure should be abolished, the program of deal first changed into negotiation deal first , reconsideration program selective , the final decision made by Court or a standing compensation committee set in the people's congress . The compensation obligation department should be separately not jointly. Both compensation claim and the standing compensation committee's examining should be able to initiate criminal compensation procedure. Compensation should be paid directly to the compensation applicant by the National compensation foundations.