Main Flaws Of The Judicatory Compensation In Our Country And Improvement

Judicatory compensation, a national compensation created by law enforcement authorities tort during exercising their functions and powers, is a tool for civil private right against judicial power. The aim of judicatory compensation system is to protect civil right to confine judicial power and to punish judicatory tort. However, this aim cannot be achieved simple because of the defect in our judicatory compensation system so that a person's right cannot be protected actually. Therefore ,the national compensation law was strongly criticized and was demanded to revise. The author attempt to put forwards to some advice on amending law through the research of judicatory compensation system.The article begins from the procedure of judicatory compensation, then several developed countries judicial compensation systems are stated in order to find some practical and useful advice. The author analysis the procedure of judicatory compensation and disclose the cause of the difficulty in obtaining the national compensation. In addition, the only-one method on law relief of judicatory should be changed into diverse relief of the judicatory compensation, that is to say, construct the system in which mediation, reconsideration and litigation exist, in order that the national compensation is genuinely acquired.