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我国新的宪法修正案写入人权概念,标志着我国步入注重人权保护的法治新时期。我国《国家赔偿法》颁布实施10年来,在制约公权力依法行使、对受公权力侵害的公民合法权益予以救济、维护社会稳定方面发挥了重要的作用。但也暴露出一些缺陷,难以适应我国法治建设快速发展的形势和人权保护制度建设的需要。本文仅就存疑不起诉刑事案件的国家赔偿问题作一简要剖析,昭示国家赔偿法的修改势在必行。
The inclusion of the new constitutional amendment in our country into the concept of human rights marks a new era in our country's rule of law that focuses on the protection of human rights. Ten years after the promulgation and implementation of the State Compensation Law, China has played an important role in restricting the exercise of public power according to law, in relieving the legitimate rights and interests of citizens infringed upon by public power and in maintaining social stability. However, some shortcomings have also been exposed and it is difficult to meet the needs of the rapid development of the rule of law in our country and the building of a human rights protection system. This article only makes a brief analysis of the question of state compensation for the non-prosecution of criminal cases, which shows that the amendment of the state compensation law is imperative.