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近年来,我国陆续纠正了一批冤假错案,然而司法赔偿后的追责却鲜有见到,究其原因,主要有责任主体、司法赔偿归责原理和追责程序三个方面的原因。本文通过对德国和法国国家赔偿责任制度研究后,提出了一些司法赔偿立法建议。
In recent years, China has successively corrected a number of unjust and false cases, however, the responsibility recovery after the judicial compensation is seldom seen. The reasons are mainly the following three aspects: the subject of responsibility, the principle of judicial compensation and the responsibility recovery procedure. After studying the system of national liability in Germany and France, this article puts forward some legislative suggestions on judicial compensation.