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2010年新修订的《国家赔偿法》的归责原则对旧法中的过错责任原则作了修改,引入了结果责任归责原则,具有多处亮点。但也存在着对(狭义的)刑事赔偿程序的归责原则和追偿程序的归责原则依旧没有作出区分,结果责任归责原则尚缺进一步的可操作性的规定等不足。应当将国家赔偿法中刑事司法赔偿程序分为两个程序:赔偿程序和追偿程序,对赔偿程序适用结果责任原则,对追偿程序适用结果责任原则。
In 2010, the principle of attribution of the newly revised State Compensation Law was amended to the principle of fault liability in the old law, which introduced the principle of responsibility for results and has many bright spots. However, there is still no clear distinction between the principle of imputation of the (narrowly defined) criminal compensation procedure and the principle of the recovery procedure, and the lack of further operability provisions of the principle of responsibility imputation. The procedure of criminal justice compensation in the State Compensation Law should be divided into two procedures: the compensation procedure and the recovery procedure, the principle of responsibility for the application of the result to the compensation procedure and the principle of responsibility for the result of the application of the recovery procedure.