一国家司法机关在刑事诉讼过程中将无辜公民予以羁押或判处刑罚即形成冤狱。国家对于该无辜公民因受羁押或刑罚判处所遭受的损失予以的赔偿即冤狱赔偿,或称刑事损害赔偿。冤狱赔偿曾出现在希腊罗马时代。18世纪末期,冤狱赔偿的思想又被少数社会思想家提出讨论,以唤起政府的注意,虽偶尔为政府采纳,亦均属时作时度。冤狱赔偿成为一种制度则始于19世纪 A national judicial organ forms an unjust prison by imprisoning or punishing innocent citizens during criminal proceedings. State compensation for the innocent citizen’s compensation for damages suffered as a result of his detention or sentence of sentence, or compensation for criminal damages. Injury compensation has appeared in the Greco-Roman era. In the late 18th century, the idea of ​​compensation for unjust imprisonment was put forward by a handful of social thinkers in order to arouse the attention of the government. Occasionally, it is time-consuming for the government to adopt it. Unjust compensation became a system began in the 19th century