From The New Ternary Structure Model Of The Relationship Between Criminal Law Protection Of The Interests Of Victims

In a long time, the offender aspect has been a common access to the study on criminal law theory, while the victim aspect seldom been regarded.,which induces in many bad results, especially the lack of the concern on the victim's and the community's interests. The flourish of the criminal victim research has changed the conception of crime greatly; people believe that not only is the crime a threat to the government, but also an invasion of private rights,and the criminal legal relationship is not only a kind of relationship between the offender and the state. Thus, the criminal legal relationship, as the foundation of criminal law research, should contain the victim to be one of the subjects. A triple mode of structure concerning offender, victim and the state should be established to substitute the used dualistic mode of structure concerning offender and state.The triple mode of structure concerning offender, victim and the state makes the protection of the criminal victim's rights easy in theory while victim-offender mediation and national compensation system for criminal victim are based on it. The victim-offender mediation appears as brand new model of handling crimes, which has the following advantages: diverse the cases, satisfy different parties, conciliate the conflicts between the offenders and the victims, all of the parties have the opportunities to participate in the procedure, neutral mediator, agreement without compulsive, all of the significant opinions are taken into consideration. In the case that the mediation can't be formed or the criminal is incapable of making compensation to the criminal victim and criminal victim can't obtain compensation in reality from criminal, some compensation should be given to the victim by other ways. National compensation system for criminal victim is one of the ways to enable compensation for victim. National compensation system for criminal victim is a system by which criminal victim and their families who have been injured but received no proper compensation from the criminal will be compensated in material by the nation through law procedure. These two systems have been universally used in other countries and continue developing with flourishing situation, while in our country, the system still stays at a weak link. Therefore, with establishment of national compensation system for criminal victim in other countries, it is necessary for us to establish national compensation system for criminal victim with Chinese...