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刑事被害人国家补偿制度虽未在我国建立,但诸多地方已有试点,对于补偿的方式、补偿的标准等也作了规定。但对于补偿程序却相对混乱,理论界和司法实践界没有达成一个统一的标准,相关论述也较少,特别是对刑事被害人申请条件,虽相关学者有所涉及,但各持己见。主要有“生活困境”说、“协助追诉”说、“合理通知”说、“责任区分说”和综合说。
Although the system of state compensation for criminal victims has not been established in our country, many places have been piloted, and the compensation methods and compensation standards have also been stipulated. However, the procedures for compensation are relatively chaotic. There is no uniform standard between the theoretical circles and the judicial practice circles, and there are also fewer related expositions. In particular, the conditions for applying for criminal victims, although relevant scholars have involved, have their own views. Mainly “life dilemma ” said “assist prosecution ” said “reasonable notice ” said “responsibility to distinguish said ” and comprehensive said.