Crime Victims' Compensation System
|School||China University of Political Science|
|Keywords||Crime Victims Compensation System Perfect|
If there is a classic , \Annual number of criminal case in 4,000,000 or more, a large group of victims . However, due to a large number of criminal cases, the defendant is not a lack of ability to provide compensation or compensation , or some criminal cases long after the suspects were arrested difficult , or because those responsible can not be identified because the evidence led to our current criminal victims and their relatives obtain civil compensation of less than 10% , about three million victims and their relatives do not get any compensation , life is extremely difficult. The evil consequences of crime - whether economic loss , or mental anguish to be borne solely by the victim . Crime Victims' Compensation issues therefore , has been the focus of discussion justice issues . In this paper, from the perspective of the legislative and judicial elaborated crime victims compensation system problems and causes, and thus brought about negative effects , the purpose is more targeted approach to solve problems . Legal compensation to the victims of criminal provisions was first seen in 1700 BC years ago, \1960s with the rise of victimology , an increasing number of countries have formulated specifically to protect the interests of victims of the law. Common law countries currently use more parallel criminal action for damages mode , while China adopted a pattern of criminal incidental civil action . Although in recent years , such an action mode is criticized by many scholars that China should adopt parallel litigation mode. But through the action of the two models are compared , the study found that two kinds of lawsuits modes have advantages and disadvantages . Combined with China's actual conditions , it is unrealistic to abolish incidental civil action is not necessary. Key is to be refined and improved. With criminal proceedings in the original model , based on the establishment of the independent status of incidental civil action , program selection and gives the victim the right to protect its true realization of the right to compensation ; expanding criminal incidental civil cases range , all due to crime victims material damage , it shall be permitted to file an incidental civil victims , victims of crime against property given to criminal prosecution with civil rights ; expand the scope of damages that victims of criminal damages can not be confined to material damages, but also including mental damages ; in judicial practice , to better improve the incidental civil property preservation and advance implementation of the system ; and further establish civil compensation priority principle . Perfecting Criminal Reconciliation System . In criminal proceedings during the operation , the introduction of criminal settlement system ; actively compensate the victims and perpetrators of loss and sentenced the defendant to probation, the offender commutation and parole combined. Referring to foreign prison labor compensation system , part of the offender's prison extract remuneration for reparations to victims losses. Find another mechanism to protect the victim after the misfortune not get compensation from the offender , you can get the other aspects of the material comfort - to establish and improve the national compensation system and various insurance system. Protection of victims is to protect our own , full protection of the legitimate rights and interests of victims in criminal justice bounden duty ; also prevent new crimes occur , a necessary requirement for maintaining social stability .