Criminal Injuries Compensation case Principle of

Civil action in Criminal cases with a certain proportion, which is a common incidental Civil action of Criminal damage. Such an action, it is necessary to consider the crime and adapt in accordance with the principle of determining the penalty, but also based on the facts and consequences of incidental damage to Civilian compensation. Criminal Law, Although the Criminal Procedure Law were filed incidental Civil action provides the basic principles, but lacks specific, practice good grasp. Therefore, the principle of determining the compensation to adapt in order to correctly handle the Criminal Injuries Compensation cases.

First, the distinction between fault, clearly define responsibilities. Correctly handle Civil cases of criminal injury compensation, compensation should be made clear the purpose of the first, not the kind of economic sanctions against the defendant, but on the legal protection of civil rights and interests of victims. Typically, there are three liability for damage conditions: First, the victim has no obligation, that is, damage caused by the defendant's conduct is purely the result. that the defendant should bear the injury behavior all the losses caused to the defendant (including indirect losses. But note that the full responsibility to determine the defendant behavior and the results can not just be a direct causal relationship as the only basis should also have the responsibility for the fact that the incident caused. Second, both sides have a responsibility, that is the result of the occurrence of damage, the defendant and the victim were at fault. treatment should be based on the relevant provisions of Civil Code, may be appropriately reduced the defendant's financial liability. Third, the responsibility of the victim than the defendant. usually has defended the plot seen in compensation cases.

Second, the combination of economic conditions, limit the amount of compensation. Limited to reasonable compensation in the amount of compensation is unable to full compensation within the circumstances, taken as a compensation. Limited to compensation for the use of an object can only be unable to compensate, and having been sentenced to prison sentence than the possible loss of compensation for the defendant. is sentenced to arrest, control, relief, the defendant can not avoid the use of this principle, because its form of punishment has not suffered the loss of reasonable compensation to the possibility of the defendant. limited the general level of compensation should do everything.

Third, criminal penalties and financial compensation combined. Dealing with civil injury cases in criminal, we must impose the appropriate penalty under the facts of the crime, but also consider the appropriate compensation for economic loss to victims. But there is in the judicial practice of "pay on behalf of the criminal "or" punishment on behalf of the compensation, "the phenomenon is" to pay on behalf of the punishment. "tilt about the imbalance that hinder Law enforcement is no doubt the seriousness and unity. The author argues that criminal with civil injury cases, according to the implementation of different circumstances, "to lose sentence" approach, that is, reduce the sentence appropriate financial compensation. The reason for this is: First, the social harm of such cases is relatively small. accused the implementation of the object pointed to violations, usually specific person, because of improper handling of a problem or dispute is not timely, resulting in conflicts, the civil evolved into criminal cases. Second, the defendant usually has the repentance of, no longer harm society. such cases with sudden, the defendant Most of the subjective mens rea with a strong emotional colors, or reckless for a moment, or for temporary indignation, or revenge out of interested parties to achieve the purpose of vent, once they reach the purpose, reason came back after regret not cope. from the general prevention point of view, are less likely to commit similar crimes. Third, the social impact is small, the masses can understand. some injury cases between the original defendant, because the problem has not been able to resolve a dispute, grievances deepen, leading to increasingly acute contradictions. aggravated the consequences of conflicts, people around the general predictability, and its social impact and damage is relatively small, the practice of commutation of the compensation generally can understand. It should be noted that, for the harm caused by rogue fight compensation case, should not apply "to pay commutation," or "pay at ease." judicial practice, to take the "commutation pay" approach is not under the capitalist system of "punishment ransom money," indulgence crime. The advantage : First, the civil rights of victims to get maximum protection, and second, in our material life is still relatively backward time, to take the legal means of economic compensation, more alert to play the role of criminals and the third is conducive to the production and life. victims through access to financial compensation, can be a period of time to maintain their normal production and life, the defendant may mitigate, or compensate by working for economic compensation to the normal production and life of the practical difficulties, four are conducive to social stability and unity to ease the conflict between the parties and antagonism, Fifth, China's criminal legislation in line with current intentions.

Fourth, after serving his sentence the defendant to bear the civil liability of labor. In practice, defendants in criminal damage cases, a considerable proportion of prison labor camp for. These criminal defendant sentenced to entities, except for those who do not have the ease, control conditions, but also there because they do not have the capacity of civil damages caused by a matter of fact, "the punishment on behalf of the lost" situation. This approach can deter crime, although the special preventive effect, but because of the defendant is sentenced to one victim while the loss of civil rights. from a comprehensive perspective of Law enforcement is bound to both the victim's protection of civil rights have not been biased. Based on this, the author advocates, after serving his sentence for the defendant is willing to make financial compensation to the labor income of the request, the court may permit the extension of benefits and in criminal matters be lighter or mitigated punishment. but must also meet three conditions: First, do no compensation capacity during the proceedings, and second, to give civil protection, security conditions have been reviewed and are willing to assume security responsibility, (3 sentences should not be too long, and can be mastered in three years. may limit the scope of application the following two situations: First, families of victims of poverty, but also because of the victims suffered economic losses, liabilities are more difficult to maintain in the future life, and second, the victims lose all or part of the ability to work, almost lost the main source of livelihood. For the determination of the amount of compensation can be combined with the case, according to possible specific master. should generally be dominated by mediation, to ensure that the period should be implemented. reposted elsewhere in the Research Papers Download http:// www.hi138.com