论文部分内容阅读
因“主权豁免”原则的影响和基于财政负担等方面的考虑,美国联邦和各州的刑事赔偿立法与实践相对保守落后。在立法上刑事赔偿范围狭窄;获得刑事赔偿的法定条件非常严格;赔偿请求人须承担严格的证明责任;受害人可获得的赔偿金数额受到很多限制。在实践中,受害人获得刑事赔偿要经历一个非常漫长的过程。目前,美国刑事赔偿立法已经引起了许多州的重视,但刑事赔偿立法的完善仍有一段漫长的路要走。
Due to the impact of the principle of “sovereign immunity” and the consideration of fiscal burden, the legislation and practice of criminal compensation in the United States and other states are relatively conservative and backward. The legislative scope of criminal compensation is narrow; the statutory conditions for obtaining criminal compensation are very strict; the compensation claimant has to bear the strict burden of proof; and the amount of compensation the victim can receive is subject to many limitations. In practice, victims receive criminal compensation to go through a very long process. At present, the legislation of criminal compensation in the United States has attracted the attention of many states, but the legislation of criminal compensation still has a long way to go.