论文部分内容阅读
在我国构建被害人国家补偿制度,既有其价值基础,也有其理论依据。对符合条件的被害人给予适当的国家补偿,既是国家的义务,也是平等原则的必然要求。同时,有利于消除被害人对社会的对抗情绪,防止被害人向犯罪人转化。构建被害人国家补偿制度,应坚持及时、公开、补充原则;补偿对象限于受到犯罪侵害的自然人,不包括单位受害人;补偿裁决机构设置在法院内部,有利于及时准确地决定补偿事宜;补偿资金以国家财政拨款和罪犯缴纳的罚金为主,以其他来源为补充;补偿方式以货币补偿为主,以心理治疗等方式为补充。
In our country to build the victim compensation system, both the value of its foundation, but also its theoretical basis. Appropriate state compensation for eligible victims is both an obligation of the state and an inevitable requirement of the principle of equality. At the same time, it will help to eliminate the victim’s antagonism to society and prevent the victim from transforming into a criminal. The construction of victim compensation system should adhere to the principle of promptness, openness and replenishment. The object of compensation is limited to natural persons who have been violated by the crime, excluding the victim of the unit. The compensation adjudication institution is set inside the court, which is conducive to promptly and accurately determining the compensation. The state financial allocations and the fines paid by criminals are mainly those supplemented by other sources; the compensation methods are mainly monetary compensation and are supplemented by psychological treatment and other means.