Research On Criminal Damages Compensation

With the focus on victims and the development of restorative justice, the rising status of the damages in the criminal justice, criminal damages compensation the growing concern by scholars. Criminal damages compensation is discussed within the scope of the Criminal Law, the damage of crime on victims and the implementation of punitive damages, punitive features, there is a clear difference between criminal compensation and state compensation. Damages in the incidental civil and criminal reconciliation of mainly criminal practice, however, there are many flaws and shortcomings, can not meet the need of reality. Therefore, our system of criminal damages compensation to be further improved. Mainly of four parts:The basic definition of the first part of the system of criminal damages compensation. The three characteristics of the first clear the concept of criminal damages compensation, briefly compensation and punitive criminal damages; followed by comparative criminal damage compensation for damages and criminal justice, national compensation, criminal incidental civil action for damages and a criminal fine of similarities and differences.The second part discusses the basic theory of criminal damage compensation system. Damage compensation from the Criminal history traceable, the legal value of the policy value of the three aspects of the legal value of the system of criminal damages and criminal damage compensation system, to explore the criminal law of damages historical origins, and analysis of criminal damages and policy value, history, jurisprudence and policy support for the establishment and improvement of the criminal damages compensation.The third part is a practical investigation of criminal law damages. This section is in the compensation legislation inspect damage at home and abroad, China’s judicial investigation on the basis of damages, the to analyze damages legislative judicial status quo, which summed up the damages system of our country:principled and any specification excessive; damages nature Positioning problem; Traffic Accident explain whether ultra vires; moral damages to compensation and other issues. Provide a logical starting point for the fourth part of the program of measures on how to solve these problems.The fourth part is talking about the criminal damage compensation system perfect. Analysis of the basic theory of criminal damages and legislative and judicial practice, criminal damage compensation system of criminal legislation, criminal damage compensation system perfect mode of judicial and non-criminal law system of criminal damages remedialmeasures to improve the three-pronged approach proposed Specific suggestions forimprovement. Criminal legislation, the Criminal Law Amendment Criminal damages includedin the penalty, to become a formal penalty and perfect their specific application conditions andin sub-ordinance; increase the right of victims to the Code of Cirminal Procedure to bring therights of mental damages brought in the preservation of property rights; judicial interpretationaccording to the revised law be amended accordingly. In terms of process, criminalreconciliation, for example, re-build new lawsuits mode. Also, the establishment of suchvictims social security system and other non-criminal remedies.