The Theoretical Thinking About Perfecting The State Indemnity System

The publishing of State Indemnity Law of the People's Republic of China has established the state indemnity system formally. Great achievements have been obtained in the area of state indemnity in our country since it's implementation eight years ago. But meanwhile, there's still some lack in' this law. The hot topic recently is to consummate the state indemnity system. This article tries to analyze the feasibility of the state indemnity system in our country from the angle of the character of the law.The article first analyze the quality of State Indemnity law. According to the research results home and abroad, some support private law theory, some support public law theory, some think that the State Indemnity Law is the mixture of the two. This article considers the State Indemnity Law is both public and private law, and is a special law with multi-levels and standardization.According to the nature of State Indemnity Law, the second part of this article do some theoretical researches about it. First, in light of this nature, the imputation principle of the State Indemnity is a violation principle. Judicatory explanation must definite the connotation of violation principle. Second, in light of this nature, the scope of State Indemnity Law must include legislation compensation, damage compensation for abstract administrative behavior, military compensation and damage compensation for labour rights and education and so on. Third, in light of this nature, the standard of state Indemnity should include monetary compensation of mental damages, both positive and negative. Fourth, according to this nature, state indemnity procedure must definite that beforehand conductive way of respondent organizations in indemnity is consultative, administrative Indemnity should regard Judicatory procedure as the last one and Judicatory Indemnity should be done by indemnity committee.The third part of this article refers to the significance and means to perfect the State Indemnity Law. The first choice of the concrete means is the special judicatory explanation proclaimed by the supreme court, the second one is to modify the State Indemnity Law.The fourth part is the concluding remarks.