What is criminal compensation?
At present, criminal compensation is not implemented as a system in China. The reason for saying this is to understand its content intuitively. China's criminal compensation system is similar to that of foreign countries. Criminal reconciliation originated from the western restorative justice system. As a theoretical trend of criminal law, it began in the middle of the 20th century and directly originated from a series of crimes committed by two young people in Ontario, Canada from 65438 to 0974. 1989 New Zealand has confirmed through legislation that formal criminal justice procedures can only be used when restorative justice cannot be properly handled. Since 1990s, criminal reconciliation has been gradually pushed forward in common law countries and civil law countries, and has become one of the prominent schools in western criminal law. It refers to the face-to-face contact between criminals, victims and community representatives after the crime, and mediation by professional legal personnel as a neutral third party to promote communication and exchanges between the parties, so as to determine the solution after the crime. Criminals compensate the victims for the material and spiritual losses suffered by the crime by means of apology, compensation, community service and life assistance. , so that the lives of victims affected by crime can be restored to normal, and at the same time, criminals can be reintegrated into the community through active and responsible behavior, winning the understanding of victims, their families and community members. At present, the scope of application of criminal reconciliation systems in various countries is as follows: 1, minor cases; 2. Juvenile criminal cases; 3. Traffic accident cases. At present, the mainstream view of so-called criminal compensation in China refers to the direct face-to-face discussion between the offender and the victim or their families through the special or informal organs of the state, at the expense of the offender paying a lot of money, promoting communication between the two sides, making up for the harm suffered by the victim and his family, and alleviating the legal sanctions of the offender. The origin of China's criminal compensation system thought is because China always said "spend money to eliminate disasters". Ordinary people have suffered a little disaster, and taking time to solve the problem is the solution. However, "spending money to eliminate disasters" should have a certain limit. If you think that spending money can also "eliminate" punishment, the nature of the problem is different. The seriousness of its nature cannot but arouse our vigilance. In the history of China, it is a tradition of feudal rule of law to spend money to "eliminate" punishment. The ancient redemption system is a typical normative system. Redemption: refers to the defendant offsetting and reducing his own punishment by paying a certain amount of money and goods. As early as the Jade Canon, China put forward the idea of "spending money to eliminate punishment": "Gold is used to redeem punishment". In the Qin dynasty, money can be exempted from punishment such as tolerance, jealousy, moving the capital, castration and death penalty, but it is only applicable to criminals with certain status and status. "On the Law of the Tang Dynasty" has made strict provisions on the specific circumstances of the application of the penalty of redemption. For example, it is stipulated that for four kinds of people who commit the crime of vagrancy, they can make amends with money. Since then, the punishments in the Song, Yuan, Ming and Qing Dynasties have been deeply influenced by the Tang Dynasty. In the feudal society of China, it was a feudal privilege to spend money to "eliminate" punishment. In a society that advocates hierarchical inequality, it is a tool to maintain feudal autocracy. However, the modern civilization of rule of law emphasizes the equality of laws, and the principle of criminal rule of law in most countries has become that a legally prescribed punishment for a crime is commensurate with a crime. Under such conditions, it is undoubtedly a retrogression of history to move out and spend money to "eliminate" punishment. At the same time, in today's civilized rule of law, the public implementation of the system of "eliminating" punishment with money shows a confusion of the concept of rule of law. Criminal suspects can be exempted from criminal responsibility by spending money, which is not only conducive to cracking down on crimes, but also conducive to the cultivation of judicial corruption in disguise. At the same time, the legal concept that everyone is equal before the law cannot be realized. Those who become "rich people", "officials" and "powerful people" can ignore the law and override it, making it impossible for the law to maintain its justice and fairness. This is a political trick played by a few people. It will only leave the poor and ordinary people nowhere to defend their legitimate rights. Therefore, the compensation system will undoubtedly lead to many problems in judicial practice and conflict with inappropriate systems.