论文部分内容阅读
刑事犯罪被害人是刑事司法体系中一个特殊的群体,他们是刑事犯罪行为直接的施暴对象,因此遭受到巨大的人身伤害和财产损失。由于我国现行的刑事犯罪司法赔偿制度不够完善,刑事犯罪被害人的权利保障和救济制度存在着比较大的漏洞,他们很难从犯罪分子那获得合理的损害赔偿。面对刑事犯罪被害人的权利救济难问题,尽快建立犯罪被害人国家补偿制度已经引起社会共识。虽然我国已经出现了一些地方政府对犯罪被害人进行经济补偿的案例,但仅限于个案适用,我国未真正建立起刑事犯罪被害人国家补偿法律体系。从法治社会的发展来看,建立被害人国家补偿制度是十分必要的,这也是建设社会主义法治国家的必然要求,对我国的人权及司法保障制度的发展具有非常重要的实际意义。
Victims of criminal offenses are a special group in the criminal justice system. They are the target of direct violence against criminals and therefore suffer great personal injury and property damage. Due to the imperfect system of judicial compensation for criminals in our country, there are loopholes in the system of protecting the rights and remedies of criminals. It is very difficult for them to obtain reasonable damages from criminals. Faced with the difficult task of remedying the rights of victims of criminal offenses, the establishment of a state compensation system for victims of crime as soon as possible has caused social consensus. Although some local governments have already appeared the case of economic compensation for the victims of crime, they are only suitable for individual cases. Our country has not really established the legal system of state compensation for victims of criminal offenses. Judging from the development of a society under the rule of law, it is very necessary to establish a system of state compensation for victims. This is also an inevitable requirement for building a socialist country governed by the rule of law and has very important practical significance for the development of our country’s human rights and judicial guarantee system.