新的赔偿法虽然对国家赔偿的归责原则和刑事赔偿的归责原则作了较大幅度的修改,原来与《刑法》、《刑事诉讼法》相脱节而造成的问题也作了明确的规定,使法律本身以及与相关法律之间相互抵触之处都得到了修正,但是我国刑事赔偿归责原则仍然存在着一些根本性的缺陷,其中还有进一步修改乃至另外立法的必要。 Although the new law of compensation made a relatively substantial revision to the principle of attributing state compensation and the principle of imputation of criminal compensation, the problems caused by the separation from the Criminal Law and the Code of Criminal Procedure have also been clearly stipulated , The law itself and its conflict with the relevant laws have been amended, but the principle of criminal liability in our country there are still some fundamental flaws, among them there is the need for further amendments or even legislation.