Shallowly Discusses The Present Situation Of Our Country Compensation Scope And Its Development Trend

The country compensation law promulgated from May 12th, 1994, since the next year January 1st have been implemented, in investigated the national responsibility aspect steps out a historical key step. However, it also has many problems, such as the national compensation scope is narrow, has affected this execution of the law effect in the very great degree. Our country compensation contains two parts including the administrative compensation and the judicature. The country compensation law stipulate the national administration compensation scope: The administrative organ and its staff when exercises the administrative authority has encroaches upon the citizen personal rights, the property rights behavior, the victim has the application to compensate the right; And enumerated the summary the way to stipulate the administrative fact behavior. But judicial compensation, then refers to the judicial organ and its staff when exercise the detection power, the examination power, the judicial authority and the jail management authority illegal when for the citizen, the legal person or other organization's lives, the health, the freedom and the property creates the harm, the country must undertake compensation responsibility. Judicial compensation contains criminal compensation as well as civil action, administrative proceedings national compensation. Along with our country economy and society's development, the legal system are perfect and the citizen law consciousness enhancement, our country compensation scope present situation has obviously not been able to satisfy the reality the need, waiting for further develops. Mainly includes: (l)the national compensation domain magnification (2)damaged claim scope magnification(3)the regular principle diversification (4)opened up the national compensation scope to the official and official business behavior magnification.