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司法赔偿是指国家机关及其工作人员在行使司法权过程中造成公民、法人和其他组织损害的赔偿。司法赔偿法律制度在世界范围内的发展是极不平衡的,在它的演进过程中,不同国家、不同历史时期司法赔偿的归责原则、赔偿范围、赔偿标准相差甚远。我国现阶段的司法赔偿是行使侦查、检察、审判、监狱管理职权的司法机关及其工作人员,违法行使职权,侵犯公民、法人和其他组织的合法权益造成损害,而由司法机关依法承担的责任。
Judicial compensation refers to the damages caused by citizens, legal persons and other organizations caused by state organs and their staff members during the exercise of judicial power. The legal system of judicial compensation in the worldwide development is extremely unbalanced. In its evolution, the principle of liability, the scope of compensation and the standard of compensation in judicial compensation in different countries and different historical periods are quite different. Judicial compensation at the present stage in our country is the responsibility of the judiciary and its staff exercising the powers of investigation, procuratorate, adjudication and prison administration to infringe upon the lawful rights and interests of citizens, legal persons and other organizations, and the responsibility of the judicial organ according to law .