Economic Analysis On State Compensation Law And State Compensation Funds Regulation

The relationship between citizens and the State socio-economic relations as a micro-form, it can not only united in the socio-economic relationship, but also deep into the many aspects of social and economic relations. Foreign scholars have long been concerned about this issue, timely scientific seminars, provide the Government with reference to observations of the legal changes, and for social stability and development have made outstanding contributions. Throughout the state compensation laws in other countries research and development, China's State Compensation Law does have a lot of room for improvement, some Western countries, an effective method of compensation system does cause us to our national compensation system for timely reflection. China's state compensation system of the national compensation level, system improvement and deepening of reform to address the fundamental issues and avoid hazards. Rapid socio-economic development in China during the national compensation standard and the judge has the complexity and particularity. This is one of the many problems associated with the absence of the system, capital operation and supervision of the blind spot of the emerging mechanisms, some of the legal system is not directly related to sound. In the specific system studies, scholars have been national compensation system and its implementation has made amendments to its implementation have been more investigation, and closely linked areas of national compensation system to explore the social hot spot. Too narrow in on the compensation law, the standard is too low, the system can not be too old to keep up with the reality of economic development and mental damage and has already reached more consensus, but there is still considerable controversy in the compensation process. Especially with the development of market economy, property rights, increasing diversity and complexity, making the process of compensation for damages arising from higher standards of the specific issue is not conclusive, the same time, mental harm, administrative fault, compensation management and other aspects of the issue to be further explored.This total is divided into five parts. The first part is the State Compensation Survey and the general study of traditional law. This part mainly based on the analysis of the concept of the state compensation, nature, and the elements. And the traditional law given on this basis to the general findings. In fact, reliance on traditional legal theory framework law, more a problem for type of comment articles, without considering that one of fairness and efficiency and so on; other things, the traditional law can not combine Jingji Xue's general theory of neglect the limited rationality of the problem, and therefore the research is inadequate, flawed.The second part is the issue of compensation of our national economic analysis. This section is the law on State Compensation, combining the properties of their economic analysis, a more in-depth view of economics the issue of compensation under the state's economic attributes of the intention of maximizing the reduction of its negative externalities; Also in this section with the state to explore the economic costs of compensation, respectively, from tort costs and tort causes, costs and compensation for moral damage system, the cost of detailed analysis is given in four major areas.The third part is the "national compensation management approach" of economic analysis. This part of the main research questions from two perspectives, first trying to find "national compensation management approach" to analyze the externalities and the second is an attempt from the perspective of cost-benefit analysis of our national compensation, trying to find optimal combination of points. The fourth part is the state compensation system, draw on international experience. Developed countries in the world, the issue of state compensation vary in this issue also has a lot of reform, development and successful model. This paper lists examples of reform in Germany and the United States, through the analysis of these cases come up for our reform for reference.The fifth part is to improve our national system of compensation proposals. This chapter aims to combine with the first part of the study reached a compensation mechanism for the Improvement of the State a reasonable proposal, mainly on the contents of the article by the She River and the four-point proposal put forward. The difference is:the national tort should be extended; the expansion of the scope of state compensation; state compensation programs should improve the Responsibility; state compensation cost management should be more scientific.