论文部分内容阅读
在实现法治的过程中,国家权力与个人权利并非总是和谐一致,而往往处于冲突之中,这一冲突在刑事司法领域表现尤为突出。如何合理界定冲突的平衡点?刑事赔偿国家免责的理论与实践为解决这一冲突模式,特别是在中国现实司法语境中合理界定二者之间的边界,提供了一个有益的进路。在法治社会中,刑事赔偿国家免责条款所界定的国家权力与个人权利的平衡点,绝不是中间点,而应当向保护公民权利倾斜,即在国家权力与个人权利发生冲突的情况下,应该优先保护个人权利。
In the course of bringing about the rule of law, state power and individual rights are not always in harmony but are often in conflict, which is particularly prominent in the field of criminal justice. How to Define the Balance of Conflicts Properly? The theory and practice of state compensation for criminal reparations provide a beneficial approach to solve this conflict pattern, especially the reasonable definition of the boundary between the two in China's current judicial context. In a society ruled by law, the balance between state power and individual rights, as defined in the exemption clauses of criminal compensation, is by no means the intermediate point, but should be tilted toward the protection of civil rights, that is, in the event of a conflict between state power and individual rights, priority should be given to Protect individual rights.