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通过对140件刑事错案案例的求偿情况进行研究可知,刑事错案索赔难、赔偿范围窄、赔偿金额少一直是刑事错案赔偿制度存在的主要问题。完善我国刑事错案赔偿制度,当务之急就是澄清刑事错案责任与刑事赔偿责任,在此基础上明确错案赔偿的归责原则,并结合我国经济发展水平适当提高错案赔偿的标准。
Through the analysis of the compensation cases of 140 cases of misjudged cases, we can see that it is difficult for the miscarriage cases to be compensated and the scope of compensation to be narrow, and the compensation amount has always been the main problem in the system of misjudged criminal cases. Improve the system of criminal miscarriage compensation in our country, the immediate priority is to clarify the responsibility of criminal miscarriage of justice and criminal liability, based on this clear miscarriage of justice attributed the principle of compensation, combined with China’s economic development level properly raise the standard of miscarriage of justice.