On The Reconstruction Of The Imputation Principle System Of China's State Compensation Law

The State Compensation Law is designed to guarantee the right of citizens to obtain compensation from the country. Because the present State Compensation Law does not fully guarantee to protect human rights, it is necessary to be modified. This paper chooses the Imputation Principle of State Compensation (IPOSC) as a study in terms of the following reasons: 1,It is the prerequisite and basis for the state compensation;2,It decided the orientation and the scope of the state compensation; 3,It has a direct impact on state compensation procedures and the responsibility of proof;4,It is the core of the State Compensation Law.Currently, the Imputation Principle of China's state Compensation Law is still a controversial issue in the sphere of national law, how to understand and apply the principle of illegal, whether the current imputation principle is reasonable, and what kind of imputation principle should be adopted by China's State Compensation. From an international perspective, the IPOSC can be roughly divided into three categories:the fault principle, no-fault principle and illegal principle. As all of them have their own advantages and disadvantages, few countries or regions adopt a single principle to identify the IPOSC. Instead, they select one imputation principle as the major, accompanying by others. This plays an indispensable role in revising the principle.There are five parts in the paper : Firstly, in introduction, it discussed the relationship between the protection of human rights and the state compensation system, and then illustrated that human rights is the core concept in the state compensation system;. In the second part, it analyzed the meaning and function of the IPOSC; In the third part, by understanding the Western countries'IPOSC, realize that the China compensation system should not be single. In part four, through the reflection of China's illegal principle in present legislation, pointed out that the signal principle in China compensation exerts many disadvantages. Finally, the article suggested establishing a unified system of imputation principle in the legislation, with fair responsibility principle.