Victims Of Crime Compensation System

The original purpose of criminal judiciary is to punish criminals, returning the justice to the injured party. But the development of the criminal judiciary in the world has deviated gradually from this purpose, resulting in the negligence of the injured party. Even worse, this criminal judiciary has evolved into another one based on the protection for criminal rights. In China, in many cases of judiciary practice, it is very popular that the rights of victims can't be guaranteed, even their families are likely to get into troubles in life. They either cannot afford the large sum of medical fees due to some kinds of disability or leave their family alone or helpless because of their death. From 1970s, the theory study on the injured party has made some progress, in consequence, their protection and their status in lawsuit has been improved. However, in my opinion, only status in criminal judiciary is far from satisfactory, because their benefits have not been totally protected, nor have their financial loss, physical or psychological damage been completely compensated. Therefore, it is very important to establish the whole criminal judiciary system which can not only punish the criminals but protect the victims as well. This kind of system should take advantages of other countries' criminal judiciary system and reflect the Chinese situations. With this whole system, we can set up the National Compensation System (NCS) for the victims. This paper aims to explore some research on the concept of National Compensation System, legal study and practices from other countries, and then suggest the establishment of NCS in China.The paper is divided into five chapters.Chapter One centers on the basic concept and characteristics of NCS, and the intension of compensation for both victims and criminals.Chapter Two aims to introduce eight theories of NCS for victims. After analyzing these theories, the author suggested the new concept "National Duty" as the legal principles for NCS. In Chapter Three, by carding and comparison with NCS for victims among some other countries or regions, the author concluded common items and then used them for reference to establish our NCS.In Chapter Four, the author factually analyzed the legal gap on the existence of NCS in China and foreshadowed Chapter Five to construct our NCS.Chapter Five is the highlight of the whole paper. Taking the following aspects into consideration: legislation model, compensation principles, compensation conditions and objects, compensation extent, source of compensation capital, compensation limits, compensation adjudication, the author finally suggested the establishment of NCS in China.