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Victims of violent crimes such as murder and rape could receive compensation from the Chinese government under a proposed system aimed at better protecting victims' rights. The measures, considered a big step forward for the country's legal system, is one of the items on the agenda of the Supreme People's Court (SPC) this year, according to Xiao Yang, president of the SPC. He said on Sunday at a conference in Jinan, capital of east China's Shandong Province, that it would be difficult for some crime victims to receive fair compensation without a system of strong safeguards in place. "Without such a system the courtrooms will be nothing more than an arena for legal professionals to exercise their litigation skills," Xiao said. Under the Criminal Procedure Law victims who suffer material loss because of a crime have the right to seek compensation by filing an incidental civil action alongside criminal proceedings. But as the wording is general and some defendants cannot afford to pay damages, victims often fail to recover what should be paid even after difficult litigation, according to Chen Guangzhong, a professor of Criminal Procedure Law at the China University of Political Science and Law. "Even if the victims get some compensation it's often too little for what they've suffered," Chen said. The murder committed by Qiu Xinghua is a case in point. The provincial higher court in northwest China's Shaanxi Province last month ordered the execution of Qiu, a 47-year-old farmer, who killed 11 people and seriously injured two others in July. However, the court didn't accept compensation claims from the victims' families because Qui's family is too poor to pay. "I cannot imagine how life will go on," Yin Xingqiao, the wife of a victim, told local media. Her husband, the family's sole breadwinner, was murdered leaving her alone with three shabby rooms and a 10-year-old son. She said compensation was more important to her than the death sentence because she would have to find a way to support her family. Local media reported that Yin appealed to the local government for help after the verdict was handed down but received only 500 yuan ($64). This is far short of the amount necessary for a decent funeral. Professor Chen said that in some countries the government would compensate the victims in such circumstances. (China Daily January 9, 2007) |
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