The Extent And Criterion Of National Compensation

Once public servants harm the interests of the people by their illegal activities, the nation must make compensation for people's losses. In 1995, China made national compensation law and put it into effect, which indicates that China has established national compensation system. However, there are a lot of defects in this code. The extent is limited and the criterion is of low level. The enforcement of this code is not satisfactory and it is difficult for victims to get compensation from the nation. Generally speaking, the nation undertakes the same obligation of compensation for losses as the people in the civil case. First of all, we should raise the level of the criterion to that in the civil case in order to protect human rights. Secondly, according to the difference of material damage and spiritual damage, the writer adopts different methods to define the extent of compensation. We define the extent of material damage by causality. When spiritual damage appears, beside causality we should pay attention to its specific like legality. In this paper, the writer elaborates compensation for material damage and spiritual damage by using regulations of private law and codes of other countries for reference in order to contribute his share to the amendment of national compensation law.