国家刑事赔偿制度以违法为归责原则,导致赔偿范围狭窄,检法机关司法解释冲突,影响法制统 一,实施困难,不利于保障人权,为此刑事赔偿应采取结果归责原则,只要存在合法权益遭受司法 权侵害的事实,就有取得国家赔偿的权利。 The principle of criminal liability attributed to the state criminal liability, resulting in a narrow scope of compensation, judicial interpretation of judicial conflicts, affecting the unity of the legal system, the implementation of difficulties, is not conducive to the protection of human rights, criminal compensation for this result should be taken to the principle of imputation, as long as there is legitimate rights and interests Subject to the fact that the judicial power is violated, there is the right to state compensation.