On Constructing The System Of The Criminal Victims Relief System In China

The national compensation system for criminal victims is a system for the victims and their relatives suffered from the crime of state for assistance. In the world, in some countries, such as Britain, New Zealand American has stipulated the country assistance system of criminal victims, but at present, in our country’s existing legal system of the criminal victims relief system not only make the relevant provisions, the provisions of the criminal victim through criminal incidental civil litigation to obtain compensation, and compensation the scope of this way of small, lack of pertinence, and relates to the economic loss compensation lawsuit also need the victim filed, is passive, which makes the victim do not receive timely compensation, will cause harm to its "two times". Therefore, this article from the reality of our country, on the basis of the system of criminal victim assistance overseas, proposes the construction of state relief system for criminal victim in our country, assistance to the criminal victim eligible, protect their rights and interests.This paper is divided into four parts:The first part discusses the basic theories of national compensation system for criminal victims. On the criminal victims relief system defines the meaning, puts forward the theoretical basis, and discusses the value of the criminal victims relief system.The second part introduces the development process of the criminal victims relief system, and the assistance system of criminal victims legislation survey, the concrete system through the understanding of relevant countries and regions, provide experience for the construction of state relief system for criminal victim in china.The third part analyzes state relief system for the criminal victims in China, the existence of gaps in national legislation in our country, there are in the pilot area of the relief object, assistance, the amount of relief and rescue procedures are not unified situation, through the analysis of legislation and practice the status quo clearly the necessity to construct the system of our country.The fourth part mainly puts forward some advice on the construction of state relief system for criminal victim in china. It discusses the system construction of our country should adhere to the principle, and the state aid system of criminal victims of the content of the specific analysis, including several rescue object, scope, conditions, methods, procedures etc.