当前,刑事附带民事诉讼中民事部分赔偿难的问题在司法实践领域已经具有一定的普遍性。因为得不到有效赔偿,一方面,刑事被害人及其近亲属的基本生活得不到保障,生活陷入极度困境。另一方面,法律公信力和国家权威受到严重损害,由此而引发的涉诉信访案件频发,严重影响了我国社会秩序的稳定和社会主义和谐社会的构建。在全国十届人大五次会议上,最高人民法院明确提出了要积极探索刑事案件被害人救助办法,以保护被害人及其亲属的合法权益。实践中各地也在积极探寻和摸索中,但是因为缺乏稳定性和统一性,实践运作中的弊端也日益显露出来。笔者试图对建立具有一定稳定性和统一性的刑事被害人司法救助制度做出一个理论上的探讨。 At present, the issue of the difficulty of compensation for the civil part in criminal incidental civil litigation already has certain universality in the field of judicial practice. Without effective compensation, on the one hand, the basic life of criminal victims and their close relatives can not be guaranteed and their lives are in such dire straits. On the other hand, the credibility of the law and the state authority have been seriously damaged. The frequent cases of letters and visits caused by this have seriously affected the stability of our social order and the building of a socialist harmonious society. At the Fifth Session of the Tenth National People’s Congress, the Supreme People’s Court clearly stated that it is necessary to actively explore ways to help victims of criminal cases to protect the legitimate rights and interests of victims and their relatives. In practice, all localities are also actively exploring and exploring. However, due to the lack of stability and unity, the drawbacks in practice have become increasingly apparent. The author attempts to establish a certain stability and unity of the criminal justice system of victims of victims to make a theoretical discussion.