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国家刑事赔偿制度是一项重要的人权保障制度。《中华人民共和国国家赔偿法》实施十多年来暴露出许多问题,亟待立法修改加以解决。在归责原则上,应创立以结果责任原则为主、违法责任原则为辅的原则框架。在赔偿范围上,应适当扩大,将超期羁押、错误取保候审和监视居住、轻罪重判案件等增加纳入赔偿范围,并确立精神损害赔偿制度。在赔偿程序上,将赔偿义务机关与侵权行为机关分离,由特定的赔偿义务机关支付赔偿金;简化确认程序并与协商相结合,取消复议程序,引入听证程序,增加申诉程序。
The national criminal compensation system is an important system of human rights protection. The “National Compensation Law of the People’s Republic of China” has exposed many problems over the past 10 years and is urgently required to be amended by law to solve it. In the principle of attribution, a framework of principles based on the principle of result responsibility and supplemented by the principle of liability should be established. In the scope of compensation, should be appropriately expanded to include extended custody, false bail pending trial and monitoring of housing, misdemeanors and other heavier cases into the scope of compensation, and to establish a system of mental damage compensation. In the compensation procedure, the organs of compensation obligation shall be separated from the organs of tort acts, and the compensation agencies should pay compensation. The procedures for confirmation and simplification are combined with the negotiation to cancel the procedures for reconsideration, introduce the hearing procedure and increase the procedures for appeals.