Studying For Perfecting The Scope Of State Indemnity In Our Country

State Indemnity Law of the People's Republic of China" issued on May 12, 1994 and implementing on January 1, 1995, Having established the state indemnity system of our country. It is the important achievement of democracy and legal system building. It is perfect sign that the country protects citizen's right day by day too. But the result implemented over the past eight years is unsatisfactory. The environment of the national legal systems isn't still perfect, and the consciousness by law of citizen, legal person and the respondent organizations in indemnity isn't high, the funds of indemnity isn't ensured. Besides, the defect of "State Indemnity Law" is undoubtedly an immediate cause.The practice states of "State Indemnity Law" prove that the narrow scope of indemnity has become a restraining factor to set up perfect state indemnity system already. It has great theory meaning and realistic meaning that we study how to perfect the scope of state indemnity.The thesis finds out some defect of "State Indemnity Law" through comparative analysis to our country and other country in the world, starting with the formation and developing history of state indemnity system:(1)the imputation principle of state indemnity is single;(2) the scope of state indemnity is narrow; (3)the procedure of state indemnity is unreasonable; (4) the standards of state indemnity is unreasonable. On the basis of this, this thesis uses the strong point and experience in expanding the scope of state indemnity other country in the world, and proposes that our countryshould expand the scope of state indemnity, sets up and perfects legislation indemnity and justice indemnity; that expands state indemnity loss range at indirect losses and available interests loss, emotional loss; that rely mainly on illegal responsibility principle, many kinds of exist on the same time .The thesis suggests that the hurt by communal facilities should include the scope of state indemnity. Thus, the thesis gives the issue on expanding the scope of state indemnity and enriches the theory of state indemnity.