《国家赔偿法》的颁布和实施无疑是中国民主法治建设的一件大事,它对于依法保护公民、法人和其他组织的合法权益,促进司法公正,推进司法的文明化起到了重要作用。在《国家赔偿法》实施八周年之际,以理性和司法经验的双重眼光检视这部法律,我们认为,该法关于刑事赔偿的规定仍存在诸多问题,严重影响了国家赔偿制度的顺利实施,修改国家赔偿法中关于刑事赔偿的有关规定势在必行。 The promulgation and implementation of the State Compensation Law is undoubtedly a major event in the construction of democracy and the rule of law in China. It plays an important role in protecting the lawful rights and interests of citizens, legal persons and other organizations according to law, promoting judicial fairness and promoting the civilization of the judiciary. On the occasion of the eight-year anniversary of the implementation of the State Compensation Law, the law is viewed in a double vision of both rational and judicial experience. We think there are still many problems with the criminal compensation provisions in the law, which have seriously affected the smooth implementation of the state compensation system. It is imperative to amend the relevant provisions of the State Compensation Law on criminal compensation.