Abercrombie France,Crime victims compensation of _

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System of Criminal Victims

Abstract This paper seen by observing Majiajue case because of criminal offenders, victims and their inability to compensate relatives of the legitimate rights and interests resulting in the reality of the problem can not be restored, which proposed the establishment of criminal victims compensation proposals, analysis of criminal victims compensation The concept of the system in the world and the legal basis for the development of, and proposed the establishment of criminal victims compensation principle, the initial target range of ideas and institutions. Keywords compensation system concept development, concept a legal basis, of the problem ; incidental civil action lawsuit seeking up to eight hundred and ten thousand civil compensation for the many thought-provoking. the court, Majiajue murmured: 'I should be compensation, but my personal property is only a second-hand computer.' Indeed Not only Majiajue individual empty-handed, the home is impoverished. Such as crime, death, escape, or the poor are unable to pay criminal compensation shall not cause the victim or the victim compensation for the families of the criminal justice practice everywhere, and the families of the victims and the victims into a life of hardship and therefore the situation is not uncommon, Therefore, the path leading to the victim and even some revenge on society, crime, roads, causing social instability. Meanwhile, the emergence of such laws IOUs also seriously affected the confidence of citizens and the rule of law implementation. Therefore, the victim or their family members who can not get enough from the crime may result in compensation for hardship of life, how to help them do? From a global perspective of criminal victims compensation system is to maximize the recovery to make up and the legitimate rights and interests of victims and their families important system has become urgent to establish the system. Second, criminal victims compensation, the concept (a) Criminal damage to make up for the way: criminal damage to make up for generally include three types: first is a miscarriage of justice compensation of national drivers for acquittal, which were being detained, arrested, criminal compensation handler; second is compensation for the perpetrators to the victims of their crimes and their families caused by the material and moral damage; third countries by crime victims and their families, but not criminal damage to compensate for part of the compensation; fourth is community crime victims and their families compensation for damage by . Crime victims compensation system is a third way of criminal damage. (B) the concept of criminal victims compensation controversy: Although the criminal victims compensation in the theory of nearly a century, and this entry system has also been formally established forty years, but there are still academic understanding of their obvious differences, mainly the following view: 1,[link widoczny dla zalogowanych], victim compensation, also known as criminal damage compensation. When the victim can not be achieved through criminal or civil action for compensation with extremely low, by the State to be funded in the economic legal system. 2 2, refers to compensation for victims of crime against those who suffered due to physical or mental damage, but can not incidental civil action for damages for the families of victims and their victims, the State through the legal process and give it a certain amount of damage compensation for the legal system. 3 3, crime victim compensation refers to criminal acts against the suffering, the result of national judicial authorities did not arrest criminals or crime victims compensation for loss of human weakness, etc.,[link widoczny dla zalogowanych], to be victims by country a certain amount of money or material behavior, mainly due to the legal basis for establishing rights and obligations of the state and citizens of other countries on the basis of relations of responsibility and so on. 1 4, but for some crime victim compensation and the injured person, including a range of direct victims and indirect victims, such as direct victims of the parents, children and spouses, etc., can request the State compensation for all or part of its property or loss of property and judicial protection of a social security system. 2 5, victim compensation is the compensation for victims of the crime of money from the state budget or from the Fund were established. 3 6, crime victim compensation system, is the victim of crime, using public funds to provide financial compensation system. 4 7, the so-called state compensation, the State granted subject to certain criminal acts against the loss of up to a certain extent, and there is no lack of compensation or compensation for the death of the direct victims or relatives of victims of certain specific economic relief to the legal system. 5 8, the so-called crime victim compensation system is to compensate crime victims, and to the way public funds to pay money system, also known as the Crime Victims Relief System. 6 9, the so-called compensation for victims of crime legislation, mainly referring to those who have been affected by crimes against the material or moral damage, but can not incidental civil action for damages for victims and their victim to the state through a certain legal proceedings, some damage to its compensation for a legal system. 7 I basically agree with the views of seventh, but this definition is not done correctly, should be That is, the state compensation is subject to certain countries for crimes against loss up to a certain extent, and there is no lack of compensation or compensation for victims of direct or indirect victims of the legal system of some economic relief. Third, the criminal victims compensation system development Victim Compensation System can be traced back to around 1700 BC Code of Hammurabi. But the modern pioneer of crime victim compensation system is Jeremy Bentham, after Jialuofanuo, Philippe evidence as the representative of the idea of school, Mexico in 1929, Cuba in 1936, this system has been tried, but were due to funding lack of a failure. 81,956 years, the founder of the victim advocate should be the victim of Benjamin • Mendelssohn appropriate compensation, and that if the victim is unable to obtain compensation from the perpetrators, the right to require the State to provide compensation. 91,957 years, the title of Mother of criminal compensation system of British justice Margaree • Fred (Margery Frey) President proposed the establishment of the proposed compensation system for crime victims, has been New Zealand, Australia, Canada, the United States and United Kingdom attention. October 25, 1963 New Zealand enacted the world's first lead in a 1964 Britain issued the After the victim compensation system 10 from the English-speaking countries to other developing countries, to the 20th century, 70's, but also for Sweden, West Germany, France and other civil law countries, and has been in between the support of various international conferences, and some people even call this period as a Japan to 11 Victim Compensation system in the world established the specific conditions as follows: countries and regions have on crime victims compensation system on behalf of countries and years 12 Regional 1963 New Zealand 1964 British 1965 California (United States) 1966 New York State (U.S.), Nicolas Sarkozy million provincial ( Canada) 1967 Northern Ireland (United Kingdom),[link widoczny dla zalogowanych], Hawaii (United States), Massachusetts (United States), Maryland (U.S.), New South Wales (Australia) 1968 Nevada (United States ), Queensland (Australia),[link widoczny dla zalogowanych], South Australia (Australia), Newfoundland (Canada) 1969 Western Australia (Australia), Alberta (Canada), Manitoba (Canada ) 1970 Sweden, New Jersey (United States), Ontario (Canada), New Brunswick (Canada) 1971 Austria, Louisiana (United States), Rhode Island (U.S.), Victoria (Australia), Quebec (Canada), British Columbia (Canada) 1972 Alaska (U.S.), Illinois (United States),[link widoczny dla zalogowanych], Indiana (U.S.) 1973 Finland, Minnesota (United States), Washington (U.S.) 1974, Ohio (U.S.), North Dakota (U.S.) 1975 West Germany , the Netherlands, Virginia (United States), Wisconsin (United States), Kentucky (United States), Pennsylvania (U.S.) 1976 Japan, France 1980 South Korea 1990 1986 South Dakota (U.S.) 1991 by State (U.S.)