检察环节刑事被害人司法救助制度构想（Procuratorial link, criminal victim, judicial aid system, conception）

检察环节刑事被害人司法救助 制度 关于办公室下班关闭电源制度矿山事故隐患举报和奖励制度制度下载人事管理制度doc盘点制度下载 构想（Procuratorial link, criminal victim, judicial aid system, conception） 检察环节刑事被害人司法救助制度构想(Procuratorial link, criminal victim, judicial aid system, conception) Procuratorial link, criminal victim, judicial aid system, conception Author: Tanibayashi Xuanaki source: Jiaxian people's Procuratorate number: update time: 2010-12-29 [Abstract] the establishment of the criminal victim assistance system is an urgent need to build a harmonious society, human rights protection, the victim assistance in the prosecution of criminal victim assistance plays an important role, therefore, the establishment of the victim assistance system in procuratorial tache can remedy the deficiency of the existing relief measures, is beneficial to the establishment of national compensation system for criminal victims. To improve China's judicial system also has far-reaching significance. In December 2005, the Central Commission for political science and law issued the circular on "effectively solving the problems in the enforcement of the people's courts", which pointed out: "to explore and establish assistance measures for the implementation of cases of poor groups.". The country actively explore the establishment of special groups of the implementation of the case for the rescue fund, the parties are special groups of cases, such as the criminal incidental civil compensation, the applicant for execution according to certain procedures to give appropriate assistance, to solve the difficulties of life, maintaining social harmony and stability." In 2006, the trial work of criminal victim relief was formally carried out throughout the country. In many places, the victim relief system was explored in a beneficial way and received very good social effects and legal results. The author intends to start with the reality of Jiaxian, and discuss some shallow views on the establishment of judicial assistance system for criminal victims. I. The current situation and causes of the criminal aid for victims carried out by the Jiaxian Procuratorate (1) the relief work for criminal victims has not yet been carried out The procuratorial organs in criminal victim assistance system is the system of procuratorial organs on the part of the prosecution can not enter the next procedure of judicial relief and rescue the victim in the litigation process for crime in particular difficulties in need of rescue victims. According to this concept, Jiaxian hospital has never been carried out this work, did not set up a special fund, nor the establishment of the related system, the non litigation cases involving civil compensation to all the parties reached a settlement agreement is an important condition. (two) the rescue of criminal victims is imminent 1. Jiaxian is an agricultural county, agricultural population accounts for about 80% of the total population, people's living level is generally low, some of the victims and their families because of the lack of economic compensation, the life is very easy to fall into predicament because of a criminal act, which makes part of the victims and their relatives to transform criminals. Such as Wang Moumou case of traffic accident victims, Bai Moumou in a car accident knocked into the three level of disability, life can not take care of themselves, because Wang Moumou not for compensation to the victims of the victim's mother forced into Wang's home, constitute the crime of housebreaking; and as the Ma Moumou traffic accident case, the victim Lee is the only child in the family, on the eve of the wedding was killed in a car accident, the driver Ma Moumou escape after the incident, the victim died crawl more than 20 meters, six months after Moumou was arrested. As Ma Moumou poverty in the family, has not been compensation for the families of the victims. In the trial, a pair of elderly bereaved crying, careful bailiff found the victim's father hands clutched a pair of scissors, to take timely measures to avoid another tragedy. 2. double damage of criminal victims often suffer from physical and psychological crime, the victim's loss due to economic difficulties and other reasons the defendant cannot get compensation or full compensation for the "two injuries" seriously damaged the public faith in law. Such as Ba Moumou, Ma Moumou intentional injury case, the victim Yu Moumou is an only child, on his way to school to see the IMBA Moumou drunk is not pleasing to the eye, Pakistan Moumou beaten causing severe disability, life can not take care of themselves. In 1996 after the incident, the defendant Moumou Pakistan Monday in succession, but also Moumou INPA minors, the parents are unable to compensate more than a high cost of treatment, Yu Moumou father repeatedly petition, finally no longer believe that the law can have his justice in 2009, Ma Moumou defendant after the arrest, prosecution period, The undertaker of the case sent a letter of attorney to the father of Yu Moumou's father, informing him of his litigious rights, and his father, coldly, said, "what's the use of these?"" 3. in some cases because of evidence of defects can not down, some of the victim in order to get compensation and criminal suspects and willing to private, which greatly hindered the smooth progress of the proceedings and the criminal punishment. Such as Wang et al intentional injury case, the victim Wang Xiao is a surname Wang led a group of unidentified people tiaoduan tendons (eight disabled), because of lack of evidence, the case has been unable to proceed, under a victim Wang Xiao also can not get a penny of compensation, but, on the matter with the victim Wang Moumou private, and later completed part of the evidence in the case, the suspect in custody, the victim repeatedly shirk to the prosecution on the facts that the relevant circumstances, accused of a crime. 4. petition pressure. The criminal victim for the crime suffered physical and mental damage and fall into the predicament of life or physical disability, in neither from the suspect or defendant to obtain compensation, also can not get other relief and compensation, they are likely in the various functional departments between multiple and repeated petition. If the old petition Li Moumou, his daughter when working, because of unbearable hotel guests drunk and jumped to death, the principal has been flying, Li Moumou not only did not have her daughter, but also can not get compensation. During this period, the wife because of mental shock and life hardship, and finally ran away from home. Lonely and helpless Moumou finally set foot on the long road repeatedly petition, the province went to Beijing to petition, until the principal was arrested, get the corresponding compensation, Lee stopped the interview income v.. The root cause of the above situation is the lack of sufficient and stable financial support. At present, the provincial (including provincial) public security organs to ensure funding are dependent on the respective local finance, the lack of a unified independent financial budget. In the relatively limited resources within the scope of local Party committee and government is the first to consider the need to safeguard the public security organs of normal office handling, there is no provision on the law of the criminal victim relief funds included in the special budget, the local Party committee government lack of intrinsic motivation. In the case of Jiaxian, Jiaxian Province, is the financial difficulties of counties, although in recent years, revenue growth is relatively large, 2009 fiscal revenue is only three hundred million, in this case, the public security organs in handling cases of normal office are not completely satisfied, where there is excess money to engage in criminal victim assistance? Such as the Jiaxian court in the second half of 2008 before the establishment of the superior court under the requirements of the criminal victim's rescue fund, but mainly rely on the county financial allocations, the parties to a small part in front of the large number of rescue victims, rely on funding the rescue fund were too small, so there is no corresponding mechanism, the work is not carried out properly, the occasional relief only as teshiteban. Compared with the Jiaxian court, the procuratorial organs have no relief fund, and have not established the corresponding relief system, this work is now a blank. Two, the concept of criminal victim relief system in procuratorial work (1) the principle of procuratorial assistance; The rescue principle should include the principle of openness, namely system, procedures and management of funds should be open to the public, the scope of relief, conditions and objects to ensure open, fair and orderly rescue work; namely the timeliness principle assistance program cannot be too complicated, the design and operation of the program should be scientific, efficient, periodic decision can not be made too long. Complete relief in the shortest possible time; to apply the principles in the criminal damage compensation can not only achieve the basic or impossible case filed by the victim. Under normal circumstances should not be offered assistance; the principle of one-time, only to aid victims of a one-time payment of aid, then life is still difficult, into the system of urban and rural minimum living security; conditional compensation principle, namely the relief of victims can only solve the urgent problems in life, not for the existence or the way of life. (two) the scope of procuratorial assistance; The criminal victim assistance system has the nature of compensation, more consideration should be given to the criminal victim of personal injury crime, the scope of relief is mainly due to homicide, rape, robbery, intentional injury and other serious violations of human rights crimes, the criminal victim caused death or serious injury, disability, loss of all or part of the ability to work at the same time, the criminal incidental civil it is very difficult to follow the procedure of compensation or execution, the victim's family lost their normal income and family income is lower than the local minimum living standard security line, seriously affected the normal life of the victim's family cases. The procuratorial organs in criminal victim assistance shall include the following categories: 1. because of doubt does not capture the victim and notify the public security organ for supplementary investigation of cases involving victims; 2. because they do not constitute a crime without the approval of arrest cases involving the victim; 3. prosecutors not to prosecute cases involving victims; 4. of those are likely to get formal the judicial relief to the victim, but due to the current crime in special difficulties, such as the serious difficulties of life or serious injury to no money for treatment, the need for temporary assistance on the part of the prosecution. (three) the object of procuratorial assistance; To determine the relief object, generally should be natural because of serious violent crime and serious violations and survivors. The natural person shall have Chinese nationality or have domicile in china. The survivors only rely on the income and living spouse, parents, children, brothers and sisters, grandparents, and his victims of the legal custody of the object. The specific relief can be considered criminal victims of the following circumstances: 1. give relief to criminal victims of death or serious injury, loss of all or part of the ability to work, loss of normal income or family income per capita is lower than the local minimum living standard; 2. victims families to support victims in school children, because the victims led to its life particularly difficult the victim is a minor; 3.; 4. victims families support disabled victims. (four) the administration of procuratorial assistance; The main body of the country is the national criminal victim assistance, rather than specific judicial organs, procuratorate, court, public security is on behalf of the state to undertake the specific work function, therefore, the procuratorial organs in the implementation of the criminal victim should deal well with the relationship between public security, court relief and rescue committee. Special national relief committees may be set up in the central political and Law Commission to co-ordinate and coordinate the state aid work of all localities and judicial organs. For the victim's application for assistance, in principle, in which litigation link end, the judicial organs of the link after the review to determine whether and how to issue relief decisions. The establishment of the national salvation committee committee responsibilities: one is responsible for coordinating all aspects of judicial organs and relief related matters; two is dissatisfied with not confirm aid decision reconsideration (review results for final results); three is the source of funds management and payment. (five) procedures for procuratorial assistance; Procuratorial assistance procedures should generally have the following aspects: 1. applications. For those who meet the state aid requirements for criminal victims, the victims or their close relatives may apply to the procuratorial organs. The victims or their relatives request for a bailout to the procuratorial organs, shall submit the following documents: one is the reason, the applicant basic information and assistance; two is the applicant amount and related documents, on the basis of; three is issued by the public security organs, the identity certificate of the applicant household registration certificate, certificate of family relationship; four is the household registration the Township People's Government (street offices) of the applicant and family members in economic conditions or enjoy the minimum living relief; five is the judicial organs for criminal cases issued by the relevant legal documents; the six is the need to provide other materials. 2. review and decision. The applicant to submit the materials after the relief of criminal prosecution office (which consists of kongshen, reconnaissance, public prosecution department) of the applicant's request for assistance and related documents for review and verification within a certain period of time. Examination and verification can be carried out through household investigation, indirect search, letter collection and so on. 3. decisions. If the procuratorial organ, after examination and verification, fails to meet the requirements of the decision to make a salvage decision in conformity with the conditions, it shall make a decision not to rescue the case and explain the reason. The procuratorial organ shall notify the applicant directly of the decision on the relief or the decision not to save it. If the applicant refuses to accept the decision, he may apply to the local state aid committee for reconsideration once, and the result of the reconsideration shall be final. 4. payment. With the valid documents and the decision made by the criminal aid office of the procuratorial organ, the applicant shall receive the relief money from the local state aid committee. The relief money is paid to the applicant in cash by the local state aid board. (six) the right of subrogation of the state and the recovery of the relief fund In order to avoid the victim's double compensation and improper compensation, the right of subrogation and the right to recover the wrong payment should be clearly stipulated in the establishment of the relief system for criminal victims. Can be specified as follows: 1. in the proceedings for the prosecution of the victim to give relief, incidental civil judgment in the implementation, will pay money deducted from the implementation of the subject, and will be included in the relief fund for victims; 2. Incidental Civil Judgment Enforcement ineffective, the defendant is found afterwards for the execution of the property, will pay the benefits deducted from the implementation of the subject, and will be included in the victim relief fund; 3. pay benefits, found that the applicant does not meet the conditions to obtain relief or fraud or other improper means to obtain relief, recovery of the dole, the re the criminal victim relief fund.