改革开放以来诈骗类犯罪一直是我国高发的一类犯罪,研究诈骗类犯罪的论著数不胜数,但以保护被害人权益的视角进行研究的并不多见。文章认为,在司法实务中,诈骗类犯罪被害人处于一种不能以积极手段来获取民事赔偿的困境,强调在当今世界刑事司法主流转为恢复性司法的大环境下,我国诈骗类犯罪民事赔偿司法程序之缺陷亟待完善,并结合实际进行系统的研究,提出对策建议。 Since the reform and opening up, fraud crimes have always been one of the high incidence of crimes in our country. There are countless number of studies on the crimes of fraud, but it is rare to study from the perspective of protecting the rights and interests of victims. The article holds that in the judicial practice, the victim of the crime of fraud is in a kind of situation that can not get the civil compensation with positive measures. Under the environment of the mainstream of criminal justice in the world being restored to the judicial system, the criminal law of civil compensation in China The defects of the program need to be perfected, and the systematic research is carried out according to the actual situation, and the countermeasures and suggestions are put forward.