作为一种法律救济制度,《国家赔偿法》的任务不仅在于通过立法和司法来确认和实现法律主体的合法权益,而且,更重要的在于对平等与公正的重建。如果民行错判没有受益人或对已经执行的财产无法返还时,受害人合法权益的救济应当纳入国家赔偿法范围。不过,还应当具体分析造成错判的原因。 As a kind of legal relief system, the task of “State Compensation Law” is not only to confirm and realize the lawful rights and interests of legal subjects through legislation and judicature, but more importantly, to rebuild equality and fairness. If the people’s commune misjudged that no beneficiary or property that has been executed can not be returned, the relief of the victim’s legal rights and interests should be included in the scope of the State Compensation Law. However, the reasons for misjudgment should also be specifically analyzed.