刑事被害人国家补偿制度

State Compensation for Criminal Victims

刑事被害人国家补偿制度是国家对因遭受犯罪行为侵害而受到严重损失但没有得到充分补偿的被害人及其亲属,通过法律程序给予一定物质补偿的制度。其理论基础在于公平正义理念的彰显、国家基于契约义务所产生的责任的实现和恢复性司法的要求。为化解被害人因获赔不足而引发的一系列社会矛盾,我国应当建立刑事被害人国家补偿制度。

State compensation for criminal victims is a system that the state compensates by legal procedures the victims and their relatives not getting enough damages. The base of the system is the manifest of the belief of fair, the realization of responsibility which is caused by the obligation of the contract which has been engrossed by the people and the country, and the requirement of revising justice. Meanwhile, this system can also release a series of social conflicts that are caused by criminal victims that can not get full compensation. So, we should construct the system of state compensation for criminal victims.