修改后的《国家赔偿法》第21条第4款中“作无罪处理”应当包括不起诉,二审发回重审后不起诉案件的赔偿义务机关应当是作出一审有罪判决的人民法院。对此,建议最高人民法院和最高人民检察院尽快出台相应的司法解释,以统一司法适用,增强公信力。 Article 21, paragraph 4, of the amended “State Compensation Law” shall include “non-prosecution” and shall include non-prosecution. The people’s court that made the first instance of guilty verdict should be the organ of compensation for failing to prosecute the case after the second instance sent back the retrial. In this regard, it is suggested that the Supreme People’s Court and the Supreme People’s Procuratorate promulgate corresponding judicial interpretations as soon as possible so as to unify their judicial application and enhance their credibility.