一是协商程序是否为必经程序不同。在行政赔偿中,赔偿请求人应当先向行政赔偿义务机关求 偿,但依法也可以在申请复议或提起行政诉讼中一并提出赔偿请求,协商程序并非必经程序;而在刑事赔偿中,赔偿请求人要求赔偿,必须首先向刑事赔偿义务机 First, whether the procedure must be negotiated or not. In administrative compensation, the claimant of compensation should first seek compensation from the organ that is responsible for compensation, but in accordance with the law, he can also make a request for compensation in the process of applying for reconsideration or administrative litigation. The process of negotiation is not necessarily governed by procedures; in the case of criminal compensation, If the claimant seeks compensation, he must first give the criminal a criminally responsible machine