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《刑事诉讼法》和相关法律法规规定,刑事被害人可以通过刑事附带民事诉讼或在刑事判决生效后另行提起民事诉讼等途径获得赔偿,但这一制度设计存在诸多缺陷,不能确保被害人获得及时、有效的补偿;国家补偿制度在一定情形下可以弥补这一缺陷,但国家补偿是国家基于人道主义而给予被害人的一种福利救济,这种救助是有限的,并有多种限制条件。相比较而言,刑事和解等恢复性司法措施更有利于满足刑事被害人的需求,有利于对犯罪人的教育改造。以恢复性司法理念为指导完善刑事被害人补偿机制,是我国刑事司法现代化的必由之路。
Criminal Procedure Law and relevant laws and regulations stipulate that criminal victims can get compensation through criminal incidental civil proceedings or civil proceedings after the criminal judgment comes into effect. However, there are many flaws in the design of this system, which can not ensure that the victims get timely and effective The state compensation system can remedy this defect under certain circumstances. However, the state compensation is a kind of welfare relief granted by the state to the victim based on the humanitarianism. The relief is limited and has a variety of restrictions. In contrast, restorative justice measures such as criminal reconciliation are more conducive to meeting the needs of criminal victims and conducive to the educational reform of criminals. Restoring the concept of restorative justice as a guide to improve the compensation mechanism for criminal victims is the only way for the modernization of criminal justice in our country.