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Analysis And Countermeasures Of China's System Of Administrative Compensation

Posted on:2004-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:H M ShuFull Text:PDF
GTID:2206360122460510Subject:Law
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As an important legal system for human rights protection , the state compensation system can be seen as a primary symbol for the extent of civilization and democracy in a certain country. Nevertheless, there are severe deficiencies and limitations in China State Compensation Law, such as the scope of state compensation , the standard of compensation , criterion of liability , the procedure of compensation , etc. There fore , it has been an urgent need to improve and standardize state compensation system in China , including enhancing its function of human rights protection , enlarging the scope of state compensation , boosting its standard , standardizing the procedure and increasing its practicability.The article put forward a problem concerning who will responsible to damage caused by the public facilities and what procedure should be applied through analysing a expressway damage case . According to the state compensation law , the state will not compensate to damage caused by public facilities .This rule is not fair to some agencies that manage and establish public facilities .The state should responsible for the damage caused by public facilities .That will be benefit and fair to victim and some agencies that manage and establish the public facilities .Right ofpersonality is the most basic constitutional right enjoyed by citizens . All the state organs , individuals , groups , and organizations should act by taking the Constitution as the essential guideline .The state shall bear the responsibility for the moral damage caused by its missionary's invading citizens' right of personality while illegally exercising his authorities . It is the trend of the times that the compensation for moral damage is included in the state compensation . So it is the pressing matter of the moment to optimize the state compensation law by normalizing and perfecting the moral damage compensation obligation for state tort, and making it consistent with the moral damage liability for civil tort .The responsibility of organs that have adopted illegal documents of administrative norms should be specific legal responsibility by nature. It is of great importance for the implementation of administration by law and for the safeguarding of civil rights that China draw on the legislative experiences and theories of foreign countries and establish as soon as possible a system for the investigation of responsibilities for illegal documents of administrative norms , especially the system of investigation of individual responsibility for the making of illegal documents.
Keywords/Search Tags:State Compensation, criterion of liability, The Scope of Compensation, Moral Damage, Liable to Reimburse the State
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