关于刑事赔偿中的“错误拘留”问题

Problem Analysis on False Imprisonment of Criminal Compensation

刑事诉讼法中规定的"错误拘留"和刑事赔偿中规定的"错误拘留"的含义是不同的。刑事诉讼法中规定的"错误拘留"不必然引起国家赔偿后果,而符合刑事诉讼法规定的"合法拘留"却可能成为刑事赔偿中的"错误拘留"。这种"合法"的"错误拘留"的赔与不赔在实践中存在很大的争议,直接影响到司法机关对错拘案件的处理,直接影响到受害人获得国家赔偿权利的实现。

Definition of false imprisonment regulated by Law of Criminal Procedure is definitely different from that of criminal compensation. In accordance with Law of Criminal Procedure, false imprisonment does not necessarily results in state compensation, while false imprisonment in accordance with Law of Criminal Procedure might also become that of criminal compensation. This ＂legal＂ false imprisonment has great disagreement in practice between compensating and not compensating , which directly influences the judicial organs＂ management on cases concerning false imprisonment, also directly influences the realization of victim＇s right to receive state compensation.