从犯罪的国家责任谈制定我国刑事被害人国家补偿法的必要性

On Necessity of Making State Compensation Law for Criminal Victims in China from the Angle of State Duty for Crimes

被害人国家补偿制度是指国家对遭受犯罪行为侵害而又没有得到充分赔偿的被害人及其家属,通过法律程序给与一定的物质补偿的制度。然而,我国刑事被害人补偿问题一直未引起立法机关的足够重视,刑事被害人最关心的物质补偿问题得不到合理解决会导致诸多消极影响。为此,笔者建议在借鉴外国相关立法的基础上,尽快制定一部既符合我国国情又具备先进理论框架支撑的刑事被害人国家补偿法。

State compensation for victims is a system that the state compensates by legal procedures the victims and their relatives not getting enough damages. But this question has long been ignored by legislative organs. That the problem of material compensation can't be solved will result in a lot of negative effects. Therefore it is proposed that with relevant foreign legislation as reference, a functional State Compensation Law for Criminal Victims with advanced theories be established as soon as possible.