检察机关刑事被害人救助追偿制度构建

检察机关刑事被害人救助制度实施以来,取得了一定成效,但也存在具体追偿制度缺位等诸多问题。一般而言,检察机关刑事被害人救助追偿制度仅指向加害方追偿。目前,刑事被害人救助追偿制度的建构具有立法、理论和实践上的依据,具体应包括发现、追偿、处置、救济四种机制。为实现该制度的长效化,除追偿资金外,还可以探索将追缴的犯罪所得及收益、罚金和没收的财产、监管场所在押人员的劳动创收等全部或者部分纳入刑事被害人救助资金,以拓宽其资金来源渠道。

The Establishment of Mechanisms of Aiding and Compensating Crime Victims in Prosecution Agencies

Since the establishment of the mechanism of aiding crime victims, certain progress has been made, but there still exist some problems such as the shortage of the mechanism of retrieving damages. Generally speaking, the mechanism of retrieving damages for crime victims in prosecution agencies refers to retrieving damages from the victimizers. Nowadays, the formation of the mechanisms of aiding and compensating victims is based on legislation, theory and practice. More exactly, it should consist of four mechanisms of discovery, retrieving, disposing and aiding. In order to ensure the lifelong effectives of the mechanisms, in addition to retrieving aiding funds, exploration can be made by retrieving profits of the crime, using fines, and confiscating property and some or all income which is earned by criminals when they labor in correctional facilities so as to widen the source of aiding funds.