刑事赔偿问题探究

The Study on The Sprit of the Criminal Compensation

本文从法理学的角度对刑事赔偿的原则、功能以及归责原则等基本理论进行探讨 ,作者认为保护人权、依法、迅速赔偿成为指导刑事赔偿的基本原则 ,促进司法权力的规范化运行、调整社会整体和公民个体利益以及预防犯罪是刑事赔偿具有的功能 ,作者主张在判断侵权行为能否承担赔偿责任时应坚持过错责任原则为主和严格责任为辅的归责体系。

This paper dwells with the standards of determining the liability, the function, the principles as well as the value goal of the criminal compensation. The author takes the point of view that promoting the impartiality in law should be the value goal of the criminal compensation, and protecting the human rights and doing the prompt compensation according to the law would be the basic principle, impelling the legal power be controlled properly, adjusting the distribution overall interest of the society and private interest of citizen and the prevention of the crime would be the function the criminal compensation hold itself. The authors believe that the regulation of regarding the negligent of liability as the primary factor and the strict liability as the secondary factor should be adhered to while deciding the criminal compensation should be imposed on the people who implements the behavior violating the law.