Research On Several Sides Of The State's Criminal Restitution Law Of China

As a special liability to pay compensation on tort, the State's liability to pay compensation came into being with the development of the society. On May 12th, 1994, the State's Restitution Law of the People's Republic of China was passed by the Standing Committee of the National people's Congress. This is the first law to stipulate the State's liability on compensation in our history. It will have great effect on so many aspects, such as, protecting the legal rights of the person, the corporation and other legal entities, supervising the government to act according to the law, mediating the social contradictions, keeping the social stability, smoothing the development of the society, realizing the Rule of Law in our country, etc. In a sense, the State's Restitution Law is a critical point in our way to realize the social democracy and rule of law. It's a part of our advanced legal culture. It has been 9 years since the Law was passed. In these 9 years, it did contribute to protecting the human rights, supervising the government agencies to act by law and so on. However, we have to pay attention to the shortcomings, which was formed by the defects on legislation and the notion of the people. Here, in this Paper, I will point out and explain in details the defects of the legislation and themain problems in the process on enacting of the State's Restitution Law, which come from my experience. Basically, I will analysis from 4 aspects: the peinciple of imputed liability, the disslutionof the state's restitution liability, criminal determination and the state's compersation funds.. Firstly, from the general principles of the Law, the principals on how to impute the liability can't adjust to the whole law, which caused the contradictions on execution of the law, especially on the extent of criminal compensation. Secondly, about the disluble liability of the state's restitution ,the prolisions on criminal compersation were too narrow. With the development of the society, it has showed the unajustment to the reality. Thirdly, the implication, aim and function of criminal determination are not clear. It caused a lot of problems, especially on conformation and the procedure on determination of the Committee of Restitution, which will block the enactment of the Law. Fourthly, the amounts of the state compensation funds are not listed in details. It is difficult for compensation agencies to disburse. It is also difficult for the financial departments tocheck and appropriate the compensation funds, the from the criteria and amount of compensation, the criteria provided by the Law are too low and the amounts are too small. Those are not benefit to protect the legal rights of the individuals and legal entities. Based on these problems, the Law didn't achieve the goals of the Legislation and the Law didn't get the consent of the people.Only to realize these problems and shortcomings seriously and try the best to solve them reasonably, can it realize the goal of the Legislation to protect the legal rights efficiently.the main function of legislation is to standardize the practiceof executing the law. In return, such practice promotes the perfectoon of legislation. By execution of the law,the main defects and shortcomings may be found in the current law.In this Paper, I will show my opinions from 4 aspects to perfect the State's Restitution Law, which are, the peinciple of imputed liability, the disslution of the state's restitution liability, criminal determination and the state's compersation funds. I hope it will be benefit to the revision and perfection of the State's Restitution Law. That will be fine.