我国刑事赔偿制度的困境与出路

Reflection and Reconstruction of the System of Criminal Compensation in China

刑事赔偿制度要发挥调整、缓解司法权与公民权的矛盾和冲突的功能,就必须将平衡司法权与公民权所要求的内容表达出来。我国现行刑事赔偿法律制度在制度规范层面存在严重缺陷,不能满足调整司法权与公民权的矛盾和冲突的实际需要,应当在刑事赔偿范围、归责原则、赔偿义务主体、赔偿程序以及赔偿经费管理体制的设定上进行修改完善,使其与其他相关制度构成一个完整的权利救济体系。

The functions of the system of criminal compensation should adjust and alleviate the contradiction and conflicts between the judicial power and the rights of the public, which should express the contents required by balancing the judicial power and the rights. There are some serious shortcomings in the system of legislation in our system of criminal compensation. Therefore, we should revise and perfect it in such fields as the scope of criminal compensation, the principles of the responsibility attribution, the subjects of compensation, the procedure as well as the stipulations of the system of administration for compensation funds, which will construct a perfect system for relieving rights by corresponding with other relative systems.