The Research On The Main Points Of The Judicial Compensation Syetem

January 1,1995 the "PRC State Compensation Law" into effect, establish the administrative compensation system and the judicial compensation system. However, fourteen years have passed inadvertently. The implementation of the judicial compensation system did not achieve the original design of the desired results, failed to meet the full and timely protection of the legitimate rights and interests of the victim role. One after another due to the illegal exercise of judicial power Er Shi ordinary citizens from being violated countless cases, it is feeling bitter and distraught sigh. I choose to be on as a subject for judicial compensation, with the present theoretical circles generally accepted definition for the study of judicial compensation in basis points, to the foreign national compensation system as the reference to the actual situation in China as the background on China's judicial system of compensation in the attribution principle of compensation range of elements of the compensation procedures to conduct a comprehensive study, combined with China's "National Compensation Act" improving the judicial system of compensation for the improvement of China's development put forward some of my ideas with a view to the improvement of China's current judicial system helpful.Full-text consists of four parts.The first part, an overview of the judicial compensationstart from the concept of judicial compensation, judicial compensation attributable to the principles of the features and context of judicial compensation system from a macro click on the comb. First of all, the judicial compensation refers to the judiciary and their staff in the exercise of investigative power, procurator, judicial and prison management powers as illegal to innocent citizens, legal persons or other group of children to life, health, liberty and property damage caused by an by the state as the main body of the liability for compensation. Secondly, the main features of our judicial compensation are:(1) Compensation of special subjects, (2)Applies the principle of compensation is limited, (3) Compensation for special reasons, (4) Applies to Non-litigation procedure. Third, the comparison of existing domestic and international legal principle of attribution of compensation, while the specific situation in China through a combination of draw for the establishment of China's diversified imputation mechanism, keeping the existing law on the basis of the principle of responsibility, under certain circumstances, the responsibility for the results of principle.The second part, the theoretical basis for the judicial compensationFirst discussed the basic theoretical foundation of several foreign countries, (1) The theory that the state treasury, (2) Special sacrifice, said, (3) Said the public burden, (4) Legal fiction that and so on, and then analyzes the actual situation in our country, China has established the the theory of the judicial system of compensation based on the constitutional level, our theoretical basis for the judicial system of compensation include:(1) The principle of popular sovereignty, (2) The rule of law, (3) To protect the people of the principle of law on other levels of the theory of China's Judicial Compensation base also includes:(a) State responsibility, said, (2)Equality before the law, (3) Servant, said, (4) Legal liability, said, (5) The principles of socialism, said, and many other theoretical foundation, so our country's judicial compensation The establishment of the system to follow the needs of the time.The third part of our analysis of the status of judicial compensation.The State Compensation Law has been enacted 14 years, in the 10 years of operation of the existing scope of judicial compensation in the compensation revealed many problems, has been a lot of people criticized. This section of the criminal compensation and civil, administrative and judicial remedies which were made in less than a lot of analysis, such as the scope of criminal compensation:(1) Not guilty of the criminal compensation for the principle of compensation in custody constitutes a severely limited range. (2) The scope of criminal violations of compensation is too narrow, many abuses were not included in the scope of criminal compensation. (3) The scope of compensation in criminal justice, the legitimate rights and interests of the scope of damages too narrowly defined areas of responsibility. In addition, the section also analyzes China's judicial compensation exemptions, and the current status of the judicial compensation procedure, and major defects were analyzed.Part IV discusses the Improvement of the judicial system of compensation for a number of ideasI tried to justice the scope of compensation and compensation procedures for the two to make a few good ideas in order to make our judicial system of compensation to better play its role of building a harmonious society and make greater contribution.1, expanding the scope of judicial compensation, in the context of criminal compensation increase:(1) Illegal subpoena, residential surveillance, bail damage compensation. (2) Guilty but was extended detention of compensation. (3) The compensation for misdemeanor criminals. In the civil justice within the scope of compensation increase:(1) If the civil and administrative proceedings, the parties have done to the burden of proof, but the court made the wrong decision, and have been implemented, can not perform rotation, and the damage caused to the victims, the state should be compensated. (2) If the trial judge in the case in the process of corruption, bribery, favoritism and commit irregularities, illegal acts such as being capricious and arbitrary, and the damage caused to the citizens of the state should not be able to turn that part of the implementation of the loss when the liability. In addition, the introduction of judicial compensation for moral damage compensation, and to confirm the elements of compensation were analyzed. Second, the proposed four-point explicit judicial compensation criteria for determining exemptions and recommendations. Finally, put forward a sound compensation program three points:(1) The confirmation process into the judicial decision-making proceedings, (2) The compensation in the judicial decision-making process to strengthen the supervision of the prosecution,(3)The introduction of hearing system.