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世界各国在追求被告人和被害人权利平衡的过程中,大多建立了比较完善的刑事被害人补偿制度(物质补偿、社会补偿及精神抚慰等)。近年来,我国理论界已开始探讨刑事被害人补偿制度存在的理论基础及其施行的必要性和可行性,司法实务部门对此也有所考虑,甚或将此制度改革列入《人民法院第三个五年改革纲要(2009-2013)》,但在制度设计、立法层面上仍未有实质性突破。本
In pursuit of a balance between the rights of defendants and victims, all countries in the world have established fairly complete compensation systems for criminal victims (material compensation, social compensation and spiritual comfort). In recent years, theorists in our country have begun to explore the theoretical basis of the criminal victim compensation system and the necessity and feasibility of its implementation. Judicial practice departments have also taken this into consideration. Even the reform of this system has been included in the third Year Plan for Reform (2009-2013) ", but there is still no substantive breakthrough in system design and legislation. this