How to effectively compensate the victims for their economic losses?

At present, the legal protection of the victim's right to compensation for all material losses caused by criminal acts is insufficient, which leads to new social instability factors while the crime is under control, affects the enthusiasm of the victim to testify, and increases the difficulty of case litigation. However, it takes time, energy and legal fees to file a civil lawsuit alone, and it is often a "legal blank". In judicial practice, few victims file a civil lawsuit alone. The author discusses this as follows: 1. The protection status of the victim's right to compensation for economic losses 1. The traditional concept of not paying attention to the rights of victims conflicts with the growing awareness of rights protection of victims. Our country has long pursued the guiding ideology of national standard, emphasizing the dominant position of the state in criminal proceedings, emphasizing the protection of people by punishing crimes, taking punishing criminals as the main purpose, putting victims in a secondary position, and paying insufficient attention to the demands of victims. With the process of reform and opening up and the constitutionalization of human rights, the traditional collectivism monistic values have changed, and the victims' demands for economic compensation have increased rapidly. The unsatisfied demand is becoming one of the important reasons of current criminal cases. 2. The lack of solving crimes restricts the protection of victims' rights and interests. With the improvement of social civilization, more and more attention is paid to the protection of criminals' rights and interests in criminal proceedings, and the state's right of prosecution is increasingly restricted. Under the condition that the national financial resources are still weak and the scientific and technological investigation methods are backward, criminal cases that cannot be solved will inevitably appear, and the situation of protecting the rights and interests of victims will be more severe. 3. It is difficult to carry out criminal incidental civil action. If the civil part of the criminal incidental civil action is successfully mediated before the trial, the victim can get compensation in time. However, if mediation fails, a criminal incidental civil judgment is made, and the defendant is punished objectively, and the punishment cannot be changed. The defendant and his family no longer have the initiative to compensate the victim subjectively, resulting in the civil part of many judgments becoming "legal white bars". 4. The law of "punishment before people" blocked the relief channels of some criminal victims. In many criminal cases, because the criminal proceedings can't be started, or they are interrupted or suspended after being started, or they are acquitted according to the principle of "no doubt", and because of the legal provisions of "punishment before the people", the victims can't sue, and they are helpless in the face of losses, resulting in a vacuum of legal relief. 5. Because criminals illegally possess and dispose of the victim's property, the material losses suffered by the victim are irreparable. Article 36 of the Criminal Law establishes the principle of civil compensation priority. According to the Supreme People's Court's judicial interpretation, the people's court shall recover the material losses suffered by criminals due to illegal possession and disposal of the victim's property or order them to make restitution. If the loss cannot be made up after restitution, the victim may file a separate civil action, but not a civil action incidental to criminal proceedings. At the same time, this kind of crime generally has a fine, and many criminals have money and would rather pay a fine than actively compensate the victims. Second, countermeasures to protect the victims' right to compensation for economic losses 1. Through civil liability to influence criminal liability, strengthen the protection of victims' economic rights. In the case of the concurrence of criminal acts and civil torts, not only the infringed social order should be restored through judicial activities, but also the civil rights of the victims should be restored. When the victim's civil rights are restored, the social harm caused by criminal acts is relatively reduced because the victim is psychologically comforted, so the perpetrator should be treated leniently in criminal responsibility. 2. Deepen the implementation of the new criminal reconciliation mechanism. Using criminal reconciliation, criminals and their relatives can try their best to compensate the victims for their losses, which provides a greater possibility for the victims to get compensation. At the same time, the relationship between the two sides was repaired, which made the victim's personal property safer and effectively protected the victim's economic rights. At the same time, it also helps criminals to reflect on their own behavior and accept punishment better, which embodies the humanization of justice. 3. Try to establish an incentive mechanism for the defendant to perform civil compensation obligations in the execution of penalty. Consideration should be given to combining criminals' compensation for victims' losses with penalty execution. When the judgment is transferred to execution, the court shall promptly inform the penalty execution organ of the performance of the civil compensation obligation. When the person subjected to execution applies for commutation or parole, the penalty execution organ and the relevant court shall comprehensively consider his performance in serving his sentence and performing civil compensation. Especially for those who have the ability to perform but fail to perform, they should be strictly controlled when deciding whether to reduce their sentence or parole. 4. Break the rule of "punishment before people" and give criminal victims the right to choose the procedure freely. The original intention of criminal incidental civil action is to relieve the victims in time. Whether to choose criminal incidental civil action is the victim's right, not his obligation. The criminal victim can choose to give up the incidental civil action and bring a civil action directly. Of course, in order to prevent conflicting judgments from being made due to differences in the identification of criminal facts, we should turn to separate civil proceedings when criminal proceedings are blocked. 5. Establish a compensation system for criminal victims. The types of compensation cases can be divided into two categories: one is that the criminal illegally occupies and disposes of the victim's property, but does not recover the material loss, but executes the fine punishment or confiscates the property, so the victim's material loss should be borne by the executed fine punishment or confiscates the property first, that is, the principle of civil compensation priority should be extended to all cases in which the victim suffers material loss. The second category is mainly applicable to victims who have suffered personal injuries due to crimes and their close relatives. The premise of application is that the criminal incidental civil action or the direct civil action after the criminal part is closed fails to obtain compensation or the compensation is insufficient, and it really needs relief. The principle of limited relief should be adhered to when it is applied. (Author: Huaiyin District People's Procuratorate of Jinan City)