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刑事被害人救济制度是对因犯罪行为而遭受法益侵害的被害人给予救济的一项法律制度。作为现代法治国家的一项重要制度,刑事被害人救济通常被纳入国家刑事政策的整体考虑中。在我国,由于对刑事政策范畴理解的局限,通常将刑事被害人救济制度排除在外。因此从实体法到程序法及至刑事政策,至今没有确立这一制度,导致对被害人权利与利益保护的缺失。这一现状与我国实现以预防为主的刑罚现代化的目标相去甚远。
The system of relief for criminal victims is a legal system that gives relief to victims who have suffered legal benefits due to criminal acts. As an important system of modern law-governed countries, the relief of criminal victims is usually included in the overall consideration of national criminal policy. In our country, due to the limited understanding of the category of criminal policy, the system of relief of criminal victims is often excluded. Therefore, from the substantive law to the procedural law and the criminal policy, no such system has been established so far, resulting in the lack of protection of the victim’s rights and interests. This situation is far from our goal of modernizing penal sanctions that are mainly prevention.