Discipline: Study Of Procedural Law

Having gone into effect for 7 years, the State Compensation Law has taken a very important role in guaranteeing the constitutional rights of the people and supervising the governmental agencies. Meanwhile, the following legislative defects become more and more obvious. It's difficult for the parties to apply the courts for confirmation of errors made by the government agencies and judicial organs. The officers of the compulsory bodies delay to compensate as the judges of their own cases. The proceedings though which the judicial committee of compensation make the final decisions are unfair. Finally, the court has no power to take compulsory measures to execute the legally effective compensation decisions.The author suggests that the following measures should be taken by legislation to improve the State Compensation Law. First, change the procedure of application to the court for confirmation into a procedure in litigation. Secondly, give the applicants the procedural right to decide to ask the compulsory body for compensation, or to file an action against the compulsory body. Third, compensation cases should be tried in public. Finally, the compensation judgement should be execute by compulsory measures.