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我国的国家赔偿是指国家机关及其工作人员因违法行使职权侵犯公民、法人和其他组织的合法权益造成损害的,由国家承担赔偿责任。国家赔偿主要包括行政赔偿和刑事赔偿两大类。现阶段因其归责原则不尽合理、赔偿范围不够全面、赔偿标准不明确、程序不利于操作等,已远不能适应现实社会发展的需要,不能充分保护受害人的合法权益,必须适时予以修改。
The state compensation in our country means that state organs and their staff members have infringed upon the lawful rights and interests of citizens, legal persons and other organizations that infringe the lawful rights and interests of citizens, legal persons and other organizations for infringement of their functions and powers, and the state shall assume the liability for compensation. State compensation mainly includes two categories: administrative compensation and criminal compensation. At this stage, due to the unreasonable principle of indemnification, the insufficiency of compensation, the indefinite standard of compensation, the unfavorable procedure and so on, it is far from being able to adapt to the needs of social development and the legal rights and interests of victims can not be adequately protected and must be amended in due time .