Research On The Criminal Victims’ Assistance System

Abstract:In some criminal cases, the criminals are suffered due to criminal sanctions according to law, criminals once break for the balance of social relations, social order and morality may also be restored. However, because the criminal was sentenced to death or after a long term of fixed-term imprisonment, without conditions or no capacity of compensation for criminal victims suffered losses, making some criminal victims from poverty, even in normal life, and thus create a series of social problems. In light of the social reality, many countries and regions in the world have established the criminal victims relief system, through the reasonable arrangement and the concrete implementation of criminal the victim assistance system, solve the problems facing criminal victims. However, so far in our country, there is no strict sense of criminal victims relief system, only the specific rules a little to take special care of criminal victims. Not only that, although the academic circles on the criminal the victim assistance system has studied, but the research is still further. Therefore, the research of the criminal victims relief system in China, establish and perfect the related system, so as to effectively safeguard the legitimate rights and interests of criminal victims, to further promote stability and unity and harmonious development of society, not only has important theoretical significance, but also has very important meaning of social reality.This paper mainly includes the following four parts:The first part is the basic theory of interpretation of the criminal the victim assistance system. First of all, the section gives the concept and characters of the interpretation of the criminal victim. Criminal victims, refers to the legal rights and interests by the current directly to adjust the crime of criminal law, make its in the process of criminal proceedings, shall have the right to file an incidental civil action of natural persons, legal persons and other social organizations. Criminal victim has the following basic characteristics:being direct violations of the rights and interests; the legitimacy of the violations of the rights and interests; the parties to resolve disputes of human nature; the evidence of statements. Secondly, the paper expounds the concept and characteristics of criminal the victim assistance system. Criminal the victim assistance system, it is to point to a certain subject (crimes, the state, society, institution) for legitimate rights and interests of criminal offence to make amends and relief of criminal victims of a systematic set of measures and systems. Criminal the victim assistance system has the following features:the specificity of bailed-out subject; Nachtraglichkeit rescue behavior; Rescue the nature of the service; the diversity of relief way. Finally, this paper discusses the necessity of establish criminal victims relief system in China:the inevitable requirement of protecting human rights, maintaining fairness and justice; Crime control, have highlighted the necessary requirement of judicial civilization; To build socialism country under the rule of law and the inevitable requirement of building a harmonious society; Going along with the historical development and the inevitable requirement of international obligations.The second part, the paper expounds the legislation of foreign criminal the victim assistance system of our country establish the revelation of criminal the victim assistance system. By investigating the United States, Britain, Germany, Japan and other countries about the legislation of criminal the victim assistance system, while the state assistance system of criminal victims even though is not the same, but to establish the salvage system of criminal victims of our country at least the following enlightenment:must be explicitly set the aim of this system, namely, safeguard the legitimate rights and interests of criminal victims; Must specify a subject, the conditions of the rescue, relief aid agency setting, the source of funds and specific content, such as relief program.The third part analyzes the criminal victims relief system in China. First of all, analysis the present situation of criminal victims relief system in China:the study of the theory of the criminal victims relief system in China has been more thorough, but to establish the theory basis of criminal the victim assistance system and concrete system arrangement and so on remains to be further; The legislation of criminal victims relief system in China has made great progress, but did not form system and complete system; The judicial practice of criminal victims relief system in China has been in the national scope to expand in different degrees, but it is in the attempt stage, the lack of established practice experience. Then, analyze the main problems of our country in the aspect of criminal victims relief:the lack of criminal victims state compensation system; The lack of criminal victims spiritual damage compensation system; The lack of criminal victims of social assistance system.The fourth part discusses our country to build and perfect criminal the victim assistance system. Because there is no system of criminal victims relief system in China, only how to protect lawful rights and interests of criminal victims as legal laws and regulations, etc., therefore, our country should set up criminal victims relief system, at the same time, in order to ensure the system to be implemented, also must perfect the related laws and institutions. Set up and improve the criminal victims relief system in China, the first country to build criminal victims compensation system; You need the spirit of perfect our country criminal victims compensation system; Again, should perfect our legal aid system for criminal victims; Finally, should perfect the social aid system of criminal victims of our country.