On Judicial Compensation Program

As the first doctor degree thesis on judicial redress procedure, this article does in-depth, systematic and original research on the basic theory and fundamental institution of law about the proceeding of judicial compensation and initially discusses how to modify and develop the institution. "Law of the PRC on state compensation", presented on May 12th, 1994, taking effect on Jan. 1st, 1995, marks the beginning of a new period of human rights protect in China, which is also praised as one milestone of China's democracy and constitutionality construction. One scholar even said, "if the establishment of the People's Republic of China in 1949 lets Chinese people hold position politically, then the presentation of 'tew of the PRC on state compensation' lets Chinese people get a position on law". Rooting on the reality of China at that time, "law of the PRC on state compensation" establishes administrative compensation system and judicial redress system. Judicial redress system is a comprehensive institution to solve the problem that during judicial power executed if the judicial body and its staff have curried out illegal action which had damaged the legal rights and interests of natural person, legal person and other organizations, the state would shoulder the liability of compensation. The system confirms in substantive law that the state must bear the responsibility compensating the victims from tortious judicial action in one hand; in the other hand, it sets some certain procedure on bearing the responsibility of compensation by the state. Only relying on certain procedure, only are there procedure operating, expected functions such as remedy by judicial redress system can be fulfilled; the legal rights and interests of victims can be recovered and be made up in certain degree; thus, the aim to constitute a harmonious society with good order can be achieved. Ten years have passed unconsciously. The operation of judicial redress system is not as effective as expected while designed. Related data shows in China, from 1999 to 2002, totally there are 11651 defendants in cases of private prosecution and 17870 defendants in cases of public prosecution being announced innocent according to the law, but finally only 4013 result in decision of compensation. This is a proportion of 14%. According...