Perspectives on Chinese establishing state compensation system for victim of crimes

 
Author(s)Sun Qian
Title Perspectives on Chinese establishing state compensation system for victim of crimes
Source Translated from Faxue Yanjiu (Chinese Journal of Law), 2007, 29(2): 53-62 Front. Law China 2008, 3(3): 388-407
Date 2007
Document type Journal article
Coverage China
URL http://en.cnki.com.cn/Article_en/CJFDTOTAL-HLKD200705006.htm
Summary This article examines the need for state compensation for victims of crime in China. Social theories, including recovering social justice, public remedy to rights, balance of interests and value of benefits, are discussed as a basis for a compensation scheme, together with the United Nations principle concerning victims compensation. In addition other reasons for establishing state compensation are suggested including, a crime determent, reduction of the death penalty and implementation of shorter sentences, and protection of human rights. Basic principles underlying a state compensation scheme are put forward, such as justice and fair treatment; offenders paying compensation supplemented by state compensation; and relationship between the compensation and the extent of the damage. Further practical considerations of establishing a state compensation scheme are considered.
Keywords Rights; compensation; justice
Topic

Compensation