Reflection On The Development Of Our State Compensation Scope

State Compensation scope of the state compensation system is an important component part of a measure of a country's democracy and the rule of law process of the benchmark. As the political, economic, cultural traditions, such as differences in the atmosphere of the community as a whole, the same country or in different countries at different times of national scope of compensation will be different.States define the scope of compensation, on the one hand with the country's social and economic development, growth and the democratic values , rights and other closely related to enhanced awareness, not from the country's political, economic,financial and other realities; On the other hand, the objective laws of social development. and the rest of the world the history to the state compensation system and the real world in terms of the stated fined continues to expand scope of the compensation is a dominant trend.China's current state compensation law while in promoting China's socialist democracy and legal system building and promote China's social progress and civilization, and safeguard the citizen's personal rights and property rights have played an important role, but the implementation of more than 10 years in practice exposed to the problem We have to re-examine the significance of this law, a review of the law defects and imperfections, the most important issue is the scope of state compensation. Compensation is too narrow scope of the existing "State Compensation Law" birth defects, serious impact on the "State Compensation Law" effectiveness of the play, has been far from being able to meet the current needs of the building of a harmonious society, China's democracy and legal system and the development process to meet. In such circumstances, the expansion of national scope of compensation has been inevitable. Based on the scope of the existing national compensation to foreign countries and reflect on the scope of compensation for a comparative analysis of a number of countries to improve and expand our scope of the compensation proposals and ideas.This article is divided into four chapters:The first part of the country on the scope of compensation First, a brief introduction of the concept of national scope of compensation, including executive compensation, judicial with compensation , criminal compensation, and the concept of the non-criminal compensation, as well as compensation for affected countries of the principle and disclaimers of liability issues outlined in a national scope of compensation are thinner basic framework.Secondly, on the existing principles of attribution of the scope of the impact of The State compensation, model and the determine the scope of compensation for a single offence will attributed to a large extent the principle of limiting the scope of the state compensation, and in the interests of the spirit of damages , in the matter of public facilities to the public as well as abstract damages were administrative acts and through omissions of the State and other compensation to the virulence of countries not included in the scope of compensation is the result of reducing the size of the existing state compensation the main factors. Disclaimer scope and the scope of compensation is a problem with two aspects of the scope of exemption directly to the size of compensation is determined by the size of the scope. Existing State Compensation Law to general way determine the scope of the exemption State Compensation Objectively, the exemption makes too broad, resulting in another area of the state compensation limit the scope of bias.The second part of the foreign countries comparative analysis of the scope of compensation.Through the main administrative infringement of the public legislation on foreign countries for analysis demonstrated the scope of compensation, a category is strictly restricted, such as the United Kingdom's national law does not expressly provide for countries with temporary employment relationship or the person entrusted infringement will become the main public will become the main organs of infringement. The other is relatively to restricted, such as France infringement must be provided for the state services. In addition to public employees may be outside the national staff contract employees or voluntary service personnel. In addition legislature, the executive and the judiciary are likely to become the main violations. Not create the legal fault, as always with specific wrongdoing linked to the staff, by the implementation of the staff.China's Constitution and the General Principles of Civil Law, Administrative Procedural Law and the State Compensation Law and the provisions of science is clear, that is, all the laws are the main provisions of the two types of violations: State organs and state organs staff. State to state organs and their staff in the main these violations in the course of their duties, violations of the law of citizens, legal persons or rizations of the legitimate rights and interests of the countries and causing damage to administrative liability.The third part of our national scope of compensation defects.Through the national scope of compensation under the law on compensation and on the scope of foreign countries comparative analysis, we can draw a conclusion: the world compared to other countries, our national legal system of compensation in the form late, but also by the country's political system , theoretical concepts, social and public interests, level of economic is development and national financial and other constraints and the impact of factors, which directly led to the current state the scope of liability is limited. The current"state sympensation law" did not reflect the content of the terms of reference of state organs, the full picture of violations, nor damage to the rights of victims and the fact that data. The author of the public through public facilities, indirect losses, mental damage, not as administrative, legislative compensation, and other aspects of the analysis of feasibility studies, the scope of compensation has many aspects and contents of the performance of the relatively inadequate, and that the compensation without compensation of limitations and China's current rapid development of the democratic will be process incompatible with the rule of law, democracy, rule of law even has become an obstacle to development.The four part is on our national scope of the perfect as compensation proposals.First, the author pointed out that the State Compensation expand the scope of necessity and feasibility of the development of the situation as it is, the pace of the rule of law constantly increasing, "State Compensation Law" in the scope compensation problems in the aspect of the increasingly revealed. For the amendment to the Law on State Compensation, in the scope of the issue of compensation is becoming more and more urgent need to amend and perfect.Second, the authors put forward a national expand the scope of compensation should follow the principle of a proposal to establish the principle of compensation for damage are standards of conduct and principles of their duties, and the principle of national Infringement Liability pluralism, the principle of mainly attributed to the law, other principles secondary, so that the proprietors Fu, the main auxiliary combination. Finally, the proposal to increase the state compensation of the specific content, including mental damages and indirect damages; public facilities to the public who damages,and with acompensation for the failure to act, legislative compensation, and so on. I believe: Only the scope of the state to make it scientific and reason able compensation, and facilitate the practical embodiment of the interests of full respect for the provisions can be made small and powerful country citizens of before the law with equal might be in the field by the State Compensation the sublimation of procedural justice to the modern embodiment of social justice, the rule of law can be achieved.