Research On The National Compensation System Of Criminal Victims In China

Western society already has the thought and practice of protecting the criminal victim.The modern rule of law countries attach great importance to the protection of the rights of criminal victims.Since the 1960 s,many countries and regions have established a special protection system for criminal victims--the national compensation system for criminal victims.The state shall,in accordance with the legal procedure,make up for the losses caused by the crime in accordance with the legal procedures for the criminal victims who meet the statutory conditions.In recent years,China's theoretical circle has paid great attention to the national compensation system of criminal victims,and has conducted extensive and in-depth research.The practical community has also carried out a series of beneficial explorations,and many places have carried out the trial of national compensation for criminalFrom the current pilot situation,the existing provisions have played a significant role in protecting the rights of victims,improving the lives of the victims and maintaining social harmony and stability.However,due to the lack of uniform legal norms,the system has many constraints in practice,and it is difficult to exert all its functions.In order to promote the legal process of the criminal victim state compensation system,the national compensation system of criminal victims with Chinese characteristics is constructed.In view of this.First of all,the definition of the victim and the analysis of the current situation of the protection of the victim's rights.On the basis of introducing and expounding the theories of state responsibility,social welfare,social insurance and criminal policy,and so on,the theory of state compensation system for criminal victims is introduced and expounded.New thoughts on the Construction of State compensation Theory for victims,On the basis of the deep analysis of the traditional theory of social contract of the origin of the theory of state responsibility,this paper makes reasoning and selection,and constructs a theory that is more suitable for the compensation system of the victim--Limited State responsibility Theory.Afterwards,Starting with the native practice of the national compensation system for criminal victims,Through the introduction and analysis of the trial work of victim compensation in our country's court system,procuratorate system and public security system,The positive effects of the practice of national compensation for victims in China and the defects of the problems Finally,.The legislative principle,legislative design and connection with related system of national compensation system for criminal victims in China are discussed in detail.According to the actual situation of our country,the principle of compensation law,compensation necessity and compensation efficiency is put forward,and the object,condition and scope of compensation,compensation fund,compensation organization and compensation procedure are designed concretely.