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国家赔偿法律制度的建立标志着我国社会文明的进步,是我国法制文化走向进步和完善进程中必不可少的组成部分、也是我国社会主义民主与法制建设的里程碑。司法实践中我们经历了从无到有、从不为人知到逐步被社会所认知、重视的发展历程,并取得了一定的社会效果。《国家赔偿法》自1995年1月1日实施以来,对于维护和保障公民的合法权益发挥了积极的作用。然而,我们也应清醒地看到,由于观念固守、认识上的差异、执法经验不足、利益衡量与选择以及立法技术等因素的干扰与制约,一定程度上影响了《国家赔偿法》的正确贯彻与实施,背离了国家刑事赔偿立法的目的。本文试就刑事赔偿实践中争论较多的几个问题谈一些粗浅的认识。
The establishment of the legal system of state compensation marks the progress of social civilization in our country and is an indispensable part of the progress and perfection of our country’s legal system culture. It is also a milestone in the construction of socialist democracy and legal system in our country. In the judicial practice, we have experienced from scratch, never known to society gradually recognized and valued the course of development, and achieved some social effects. Since the implementation of the State Compensation Law on January 1, 1995, it has played an active role in safeguarding and safeguarding the legitimate rights and interests of citizens. However, we should also be soberly aware that the interference and restriction of factors such as stubbornness, differences in understanding, inadequate law enforcement experience, measurement and choice of interests, and legislative and technical factors have, to a certain extent, affected the correct implementation of the State Compensation Law With the implementation, deviated from the purpose of national criminal compensation legislation. This article tries to talk a few superficial understandings on several issues that are more controversial in criminal compensation practice.