Study On National Procedural Compensation Of Criminal Victims

The criminal victims compensation program is the floorboard of the steps, ways and methods that states according to the relevant laws and regulations, must be given the victims certain compensation, when the victim who has been directly suffering the crime violations cann’t obtain appropriate compensation through the way of criminal attached civil lawsuits and the other methods. It runs through the whole process of state compensation for criminal victims, including the national compensation program and advance payment program and so on.The criminal victims compensation program is a part of the compensation system. At present, academic circles to the compensation system of study on the substantive issues is a lot. But there is not too much discusses about the issues of compensation program. The criminal victims compensation program is different from the criminal attached civil lawsuits, is different from the national compensation program too. It is a program that particular agency in the specific case give the victims relief, and is the extension of the judicial process in a sense. In the process of establishing compensation program, it must follow the timely and effective, fair public principle for reaching objectivity and impartiality of compensation results. Academics and judicial produces different views to Some problems of the compensation program, for instance, the way of initiator is by authority or according to application, how to determine the range of application of the main body, how to limit the application condition, how to divide the compensation authority, and so on. To the establishment of criminal victims compensation program, it must choose a program construct pattern. It means that the court leading type is chose, administrative dominant type is chose, social special authority leading type is chose or others.At the moment, china is not mature of criminal victims compensation system, much less perfection of the compensation program. The establishment of national compensation program has a very important significance to further perfect the compensation system. It can make the compensation process more transparent, more scientific and institutionalization. Therefore, this system establishment is necessary. China should perfect the national compensation program on the inform program, application program, examination and decision program, public program, payment program, relief program, countries asking for compensation program, advance payment program and so on, so that the victim’s rights can get full protection, and the criminal victims compensation system becomes more perfect.