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刑事赔偿的归责原则是国家确认和承担司法侵权行为赔偿责任的依据和标准,其反映了国家在某一时期对刑事赔偿的法律价值判断,同时还对刑事赔偿责任的构成、赔偿范围和赔偿程序的设计有着重大的影响。自我国《国家赔偿法》实施十余年来,刑事赔偿在赔偿范围、赔偿标准和赔偿程序的设计等方面受到了理论和实务界的强烈批评,这都与其所采用的归责原则密不可分。在《国家赔偿法》面临重大修改之际,本文仅就作为其重要组成部分的刑事赔偿的归责原则作简要的剖析。
The principle of imputation of criminal compensation is the basis and standard for the state to confirm and bear the liability for judicial tort. It reflects the state’s legal value judgments on criminal compensation in a certain period, as well as the constitution, scope and compensation of criminal liability The design of the program has a significant impact. Since the implementation of the “State Compensation Law” in our country more than ten years ago, criminal compensation has been strongly criticized by both theory and practice circles in terms of the scope of compensation, the standard of compensation and the design of compensation procedures, all of which are inextricably linked with the principle of imputation. As the State Compensation Law is facing major changes, this article only briefly analyzes the principle of criminal liability as its important part.