我国刑事被害人救助制度的回顾与展望

Review and Prospect of China's Criminal Victim Assistance System

我国的刑事被害人救助制度产生于本世纪初并获得了较快发展,最近则被纳入到大司法救助体系之中。展望未来,我国的刑事被害人救助制度应当在以下几个方面进行转型升级:救济模式上从困难救助转向被害补偿,理论基础上从社会福利说转向"三元整合理论",规范形式上从政策文件和地方性法规转向全国统一的单独立法,立法宗旨上从救贫和维稳转向保护被害人权益和实现正义,立法技术上由粗疏转向细密立法。

Chinazs criminal victim assistance system came into being at the beginning of this century and achieved rapid development. Recently it has been included in the large judicial assistance system. Looking forward to the future, the salvage system of criminal victims of our country should be transformed and upgraded in the following aspects: at the model level it should be changed from difficulty relief to victims compensation, at the theory level from social welfare to "tri-integration theory", at the formal form level from policy documents and the local rules and regulations to separate legislation of national unity, at the legislative level from save the poor and keep the stability to the protection of rights and interests of the victim and the realization of justice, at the legislative technology level from rough to detailed legislation.