刑事被害人国家补偿制度研究

Research on National Compensation System for Crime Victims

建立刑事被害人国家补偿制度是当今犯罪成为公害而无法扼制时,各国进行立法层面改革的一大趋势。它以确保被害人的利益为出发点,以保障被害人的生存权和发展权为根本目的,以国家补偿的方式实现被害人与加害人、被害人与国家之间关系的和谐。被害人如果得不到犯罪人赔偿或赔偿不足,其权益就不能得到充分保障,刑事诉讼的目的也就不能完全实现;因此,有必要建立刑事被害人国家补偿制度。

The national compensation system for crime victims is a major tendency that some countries carry on legis- lation reform when the crime becomes the world＇s public hazard and cannot be restrained nowadays. Insuring the benefits of victims as starting point, and taking protection of the rights of existence and development of the victims as basic purpose, it is to harmonize the relationship between the victims and the offenders, the victims and the state by means of national compensation. If the victim cannot acquire the compensation by offenders, or cannot acquire enough compensation, the benefits cannot be adequately safeguarded, and the purposes of criminal proceedings cannot be totally realized. Therefore, it is extremely essential to establish the national compensation system for crime victims to protect their fights.