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近年来,我国理论界对刑事被害人国家补偿制度展开了较为深入的研究,一些地方的司法实务部门也进行了有益的尝试。然而在补偿条件、资金来源、补偿金额等程序问题上,理论研究有欠深入,实践中也较为混乱。刑事被害人国家补偿的条件应包括被害人必须受严重暴力侵害导致生命、健康损害,且无法从罪犯处,或通过其他途径得到充分补偿等七项。补偿的资金来源应该只有三项:即国家财政拨款、社会捐赠和外国政府和国际组织援助。刑事被害人国家补偿应是有限的,大致包括被害人的医疗费用、生活补助、丧葬费用和被害人扶养人的生活补助等方面。补偿应采用现金支付方式一次性支付。
In recent years, the theoretical circles of our country have conducted a more in-depth study on the state compensation system for criminal victims, and the judicial practice departments in some places have also made helpful attempts. However, on the procedural issues such as compensation conditions, sources of funds, compensation amount and so on, the theoretical research is not sufficiently in-depth and the practice is rather chaotic. The conditions of State compensation for criminal victims should include seven items, including victims’ life and health damage resulting from serious violence, and their inability to receive full compensation from criminals or other channels. There should only be three sources of compensation funds: state financial allocations, social donations and assistance from foreign governments and international organizations. National compensation for criminal victims should be limited, and generally includes the medical expenses of victims, living allowances, funeral expenses and living allowances for the victims’ dependents. Compensation should be paid in cash at one time.