Research On Compensation For Disability And Death By Criminal Victims

From the view of Chinese civil law and judicial interpretation,there is a unified understanding of disability compensation and death compensation.However,in our country’s criminal law and judicial interpretation,whether the disability compensation,death compensation is the scope of incidental civil action compensation has not made clear provisions.Article 155 of the Interpretation of the Application of the Supreme People’s Court(hereinafter referred to as the Interpretation of the Criminal Procedure Law)makes relatively clear and restrictive provisions,so that the scope of compensation in criminal incidental civil proceedings is different from that in ordinary civil proceedings.In the current trial practice,courts across the country have filed civil claims for disability compensation and death compensation in support of criminal victims or their close relatives(hereinafter referred to as ’the criminal victim’).The application of the law on death compensation is confusing and inconsistent with the requirement that the same law should be equally understood and applied in terms of legal certainty,which has caused disputes in practical and academic circles.Such a different verdict seriously reduces judicial credibility and greatly harms judicial authority.In view of this problem,the author starts with the analysis of the relevant cases and the perplexity of dealing with this problem in the trial practice.In the first part of this article,the author sums up the current situation of the application of the law of civil action for disability compensation and death compensation for the injured party,in order to reveal the common problems in today’s trial practice.The second part of this article focuses on the disability compensation,the nature of death compensation,legal interpretation,criminal liability and civil liability,and so on from the angle of the relationship,the scope of civil action compensation should include disability compensation,death compensation.In the third part of this paper,the author puts forward the general idea and the specific way of applying the disablement pension and death pension to solve the civil lawsuit filed by the criminal victim,in order to safeguard the unity and fairness of the law and protect the legitimate rights and interests of the criminal victim.