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刑事司法中,犯罪人和被害人相伴而生,过去我国刑事立法和司法侧重于对被告人权利的保障,而忽视了对被害人合法权益的保障。由于刑事附带民事诉讼判决执行效果不佳,刑事被害人往往难以获得经济赔偿,这与人权保障和司法的实质公正相去甚远。在和谐司法理念下,探讨刑事被害人救助制度的构建,既是对和谐社会语境的回应,也是矫正司法公正实质失衡的需要。本文试图从构建刑事被害人救助制度的必要性、原则及路径几方面进行论述。
In criminal justice, criminals and victims came together. In the past, criminal legislation and judiciary in our country focused on the protection of defendants’ rights, while neglecting the protection of the legitimate rights and interests of victims. Due to the ineffective enforcement of criminal incidental civil lawsuit, criminal victims often find it difficult to obtain financial compensation, which is far from the guarantee of human rights and the substantive justice of the judiciary. Under the concept of harmonious administration of justice, exploring the construction of the criminal victim assistance system is not only a response to the context of a harmonious society, but also a need to correct the substantive imbalance of judicial justice. This article attempts to elaborate on the necessity, principle and route of establishing the aid system of criminal victim.