Abstract
The theory of recovering social justice, public remedy to rights, balance of interests and value of benefits are the basis for the establishment of state compensation system for victim of crimes, which is necessary and feasible in China. In accordance with the principles of obtaining justice and fair treatment, relying mainly on the offender’s compensation, supplemented by state compensation, state compensation with certain conditions, state compensation in due process, and the degree of compensation proportionate to the extent of damage, the related criminal legislation should provide the scope of subjects eligible for compensation, the object and limit of compensation, the competent agency of compensation, the procedure of compensation and so on.
摘要
恢复社会正义理论、 权利的公力救济理论、 利益权衡理论与效益价值理论等是构建刑事被害人国家补偿制度之基础。 在中国, 建立刑事被害人国家补偿制度具有必要性和可行性。 刑事立法应当在遵循取得公理和公平待遇, 以犯罪人赔偿为主、 以国家补偿为辅、 国家补偿的有条件性、 国家补偿程序的公正性、 补偿的力度与损害的程度相适应等原则的前提下, 就补偿的主体范围、 补偿的对象和限度、 补偿的决定机关、 补偿的程序等问题做出规定。
Similar content being viewed by others
References
Bodenheimer E (1999). Jurisprudence—Legal Philosophy and its Analysis Approach (trans. Deng Zhenglai). Beijing: China University of Political Science and Law Press, 264, 266
Cai Gunqin (2002). On the construction of state compensation system for victim of crimes. Jiangxi Social Science, 5
Chen Hongwei, Jia Weijie (2006). The design defects and the reconstruction of China’s supplementary civil action in criminal proceedings. Law Review, 2
Chen Li (2005). Comments and Analysis of Difficult and Complicated Criminal Litigation Cases. Xiamen: Xiamen University Press, 127
Chen Ruihua (2005). Theory of Procedural Sanctions. Beijing: Legal Publishing House, 17
CLY Compilers (2005). China Legal Yearbook (CLY). Beijing: China Legal Yearbook Press, 195
Deng Xiaoxia (2002). On the value of compensation system for victim of crimes. Studies in Law and Business, 4
Dong Shitan (2005). Value questioning of China’s compensation system for criminal damages. Journal of Party School of Jinan Municipal Committee, 1
Hegel (1961). The Principle of Philosophical Jurisprudence. Beijing: The Commercial Press, 103
Lao Dongyan (2006). Between facts and norms—reflection on the substantive criminal legal system from the perspective of the victims. Peking University Law Journal, 3
Li Wenjian (1997). Theory of Criminal Litigation Efficiency. Beijing: China University of Political Science and Law Press, 34
Liang Huixing (1996). General Theory of Civil Law. Beijing: Law Press, 252
Lin Laifan, Ji Yanmin (2005). Human rights protection: Its sense as a principle. Studies in Law and Business, 4
Liu Qingfeng, Wang Hongjian (2001). A careful look from the perspective of jurisprudence at fairness and efficiency. Journal of the People’s Court, 2001-4-16
Marx, Engels (1972). Selected Works of Marx and Engels (Vol. 3). Beijing: The People Press, 12
Mo Hongxian (2004). Remedy Theory and Practice for Victim of Crimes. Wuhan: Wuhan University Press, 208
Ooya Minonu (2000). Victims of crimes and compensation (trans. Li Hong). Chinese Criminal Science, 2
Pierre Lerou (1988). On Equality (trans. Wang Yundao). Beijing: The Commercial Press, 22
Posner R A (1997). Economic Analysis of Law (trans. Jiang Zhaokang). Beijing: China Encyclopedia Publishing House, 1
Qiu Suo (2003). Japanese Procuratorial System. Beijing: The Commercial Press, 160
Dworkin R (1998). Taking Rights Seriously (trans. Xin Chunying, Wu Yuzhang). Beijing: China Encyclopedia Publishing House, 6
Song Yinghui (2003). A Guide to the Principles of Criminal Litigation. Beijing: Law Press, 121
Sun Qian (2004). Procuratorate: Conception, System and Reform. Beijing: Law Press, 85
Sun Qian (2006). Rule of law and the construction of harmonious society. Social Science Front, 3
Tang Xiaotain, et al (1998). Victim of Crimes. Lanzhou: Gansu People Press, 275
Tian Siyuan (2001). Basic ideas for constructing the framework of compensation system for victim of crimes. Law Science Magazine, 6
Wang Yongbing, Li Peng (2004). The value and local construction of compensation system for victim of crimes. Journal of Heilongjiang Provincial Political and Legal Administration College, 2
Wen Jiabao (2004, 2005). Report on Government Affairs. Beijing: The People Press
Xiang Zexuan (2003). Theory on Legal Monitor and Criminal Litigation Remedy. Beijing: Peking University Press, 91
Xu Yongqiang (2003). On Victim of Crimes from the Perspective of Rule of Law. Beijing: China Procuratorial Press, 192
Yang Yiping (1999). Theory on Judicial Justice. Beijing: Law Press, 118
Zhou Dongping (2004). New Theory on Criminology. Xiamen: Xiamen University Press, 325
Author information
Authors and Affiliations
Corresponding author
Additional information
__________
Translated from Faxue Yanjiu 法学研究 (Chinese Journal of Law), 2007, 29(2): 53–62
Sun Qian, professor and tutor of doctorate candidates, is presently a deputy prosecutor-general of the Supreme Procuratorate with the title of Grand Prosecutor of China. He once held posts as director of former Prosecutor-General’s Secretariat, deputy director-general of the Criminal Prosecution Department, president of the National Prosecutors’ College, and chief prosecutor of Jiangxi Province. Prosecutor Sun, also vice president of China Law Society and vice president of China Society of Prosecutors, specializing in criminal system and criminal law, has released more than 100 theses in academic journals such as Journal of Law and China Legal Science and published more than 20 books as author or editor. In 2004, he was nominated as a member of the “First Group of National Talents Project in the 21st Century” launched by seven central ministries of China. Moreover, Deputy Prosecutor-General Sun was once a representative of the 10th National People’s Congress of China.
About this article
Cite this article
Sun, Q. Perspectives on Chinese establishing state compensation system for victim of crimes. Front. Law China 3, 388–407 (2008). https://doi.org/10.1007/s11463-008-0018-4
Published:
Issue Date:
DOI: https://doi.org/10.1007/s11463-008-0018-4