Criminal Damages Under The Criminal Policy Perspective

The damage compensation, in the traditional legal science which the civil lawand criminal law are strictly established separately, continuously was considered asan important issue for the civil law field only, and is not a subject for the criminallaw should pay attention to. At most, it is a supplementary question in the criminallaw, so is not always taken care. Until recent years, along with the development ofpenalty idea and the study of victim, the promotion of the victim's status incriminal policy and the development of restorative justice practice, the people startto reconsider on the way and the effect of the solution which used in solving thetraditional criminal questions. And only then the criminal dana,age compensationreceives the criminal law scholar's attention again. In our country, the criminaldamage compensation was still in the boundary zone of the criminal law, besidesthe point of procedure, it certainly not truly entered into the research field of thecriminal law.This article embarks from the view of the criminal policy, through limitedcriminal damage compensation's connotation, analyzed the theory source of itsdevelopment, to seek the survival space for it in current criminal judicature ideaand in the frame of the present criminal law of our country ; To discuss the legalprinciple theory of law, policy, culture foundation on existence and so on for thecriminal damage compensation system which will enter into the criminal judicialpractice in our country; And to attempt to consummate the concrete design planfor advancing our country's criminal damage compensation. At last, the writerhope it can be better to serve for our country's criminal judicial practice.The main text is altogether divided into three parts, 50,000 characters totally.PartⅠ: The outline for Criminal Damage Compensation. First, the writerhas limited the basic implication of the criminal damage compensation. Thecriminal damage compensation which the article discusses emphasizes that theoffender reconsiders crime genuinely, pays the compensation which makes tothe victim of crime initiatively. It intends to pay attention to the offender's behaviorafter committing crime displays to determines guilt and deliberates the punishment. The compensation that the offender pays to the victim of the crimecontains both the material and spiritual compensation.Next, the vital significance is for the research and the advancement of thecriminal damage compensation. It can make up the victim material and spiritualloss which suffers because of the criminality, weaken the desire which the victimtakes revenge; and also can cause the crime person to obtain the opportunity thatmake him lenient, and reduces even or avoids the penalty, to promote the criminalto repent with the reformation; It may save the judicial resources and restore thesocial law order.Furthermore, the writer has discussed the theory premise which the criminaldamage compensation revives and develops. Namely the restorative justice ideaand its relations with the criminal damage compensation. The development of therestorative justice idea facilitate the practice of the criminal reconciliation pattern,but the criminal damage compensation was also the concrete realization way to thecriminal reconciliation pattern. Meanwhile, the writer has analyzed the researchsituation, the insufficiency and its significance to our country judicial model in thecriminal law field to the criminal damage compensation at presentPartⅡ: The rationale for to advance the criminal damage compensationof our country. This part analyzed the rationale for to advance our country'scriminal damage compensation from three aspects of the legal principle theory oflaw, the policy, the cultural. First, the criminal damage compensation is theproduct of the spirit of the free contract and the conciliatory from the civil lawdomain to the criminal law domain's permeating, the criminal law's civilization,and the fusion of the civil liability and the criminal legal responsibility. It conformsto the requirement for the connotation of fair and justice.Next, along with the development of the penalty idea changes, the changesand promotion of the victim's status, to reform the criminal judicial system and toprotect the victim's rights and interests becomes the focal point which the criminalpolicy pays attention to. The criminal damage compensation conforms to thecriminal policy of combining punishment with leniency at present in our country.Furthermore, the cultural tradition for the core of taking" harmoniouscoexistence and reconciliation friendliness "as the precious ideas in human's communication of our country and the tradition for sentiment to melt dispute withthe mediation is the cultural base that advances the criminal damagecompensation.PartⅢ: The present situation and consummation for our country'scriminal damage compensation. First, this part embarked from the practice ofcriminal damage compensation in our country. The writer has analyzed thephenomenon for solving the criminal case with" private ways "at present in ourcountry, and the present situation for the legislation and the judicial of the criminaldamage compensation, and then proposed the questions existed at present of thecriminal damage compensation and advised how to regard and solve.Next, this part introduced perfect concrete plan with emphasis to the criminaldamage compensation in our country. In criminal policy and criminal law framewhich is existing now, to propose the perfect tentative plan for the criminaldamage compensation from the object, the scope, the condition, the stage and theway which the criminal damage coition is suitable for and from the aspectof the way and the scope for compensation and so on.