Studies On The Criterion Of Law Of The People's Republic Of China On State Compensation

The national compensation system is that when state organizations and their officers of exercise powers, violate the citizen, corporation and other organization's legitimate rights and interests, the state must bear the compensation responsibility to the victims. In 1995, China made national compensation law and put it into effect, which indicates that China has established national compensation system. However, there are a lot of defects in this code. One of the major problems of the "State Compensation Law" in China is that the compensation standard is low, which is urgently supposed to be changed. We might consider taking the compensation principle as primary, with insufficient principle and penalty principle as the supplements, establishing a new material compensation to spiritual detriments and indirect losses. Comparing with Civil Law, we can improvement the standard of State Compensation from three aspects:violation of civil liberty right, violation of citizens' right to enjoy life and health, violation of property rights. This thesis is divided into six parts:The first part is an introduction, which has carried on the discussion from four respects concretely:outline of the background and meaning of the research, literature review, research methods and the author's contributions.The second part is the summary of state compensation legal system and state compensation criterion. Firstly, the thesis formulates the conception and the quality of State Compensation law. According to the research results home and abroad, some support private law theory, some support public law theory, but we think that the State Compensation Law is the mixture of the two. This part formulates our country's state compensation criterion, and tells their issues.The third part is about the styles of state compensation criterion and their pros and cons. The standards of state compensation can be generally divided into three kinds:insufficient damage compensation, compensatory damage compensation, and punitive damage compensation. We formulate all the styles. All of these three standards have their own pros and cons.The fourth part is about the general situation of foreign state compensation criterion and appreciation. This thesis selects five countries:Germany, Japan, Korea and England, USA, introduces and analyzes their state compensation criterion legal system, and then formulates several enlightenments, which arise from foreign legislative experience, to our country.The fifth part is enhancing the state compensation criterion. First, it formulates the necessity and feasibility of enhancing state compensation criterion. The thesis formulates the necessity from four aspects. Then, the thesis formulates the feasibility from also four aspects. And then this thesis mainly formulates how to enhancing the national compensation standard, establishing a new material compensation to spiritual detriments and indirect losses, and suitably enhancing the compensation standard of damage to personal freedom, life and health and property rights.The sixth part is the conclusion, the thesis restates main points of view and points out questions unsettled of state compensation criterion system.This article sets up the foot in our country's reality, counters the flaws of national compensation system and the difficult position, by the reference of other countries' compensation system's achievement which can benefit us, and tries to make a preliminary exploration about the development and the perfection of our country's "National Compensation Law". And then, we can improvement the standard of State Compensation to protect human rights.