The National Compensation Law

The nation compensate has the important meaning at guarantying the legal rights of citizen, carrying out the society equity, balancing the relationship between public-spirited and private benefit. Building up perfect nation compensate system is the inevitable request of ruling the country by law and of constructing law society. This article starting at the compare of the nation Indemnification with the nation compensate, try to discuss series of basic theories and basic system. The total article is divided into three chapters. Chapter 1 is "the relation between the nation Indemnification and the nation compensate", analyze the relation on three aspects: concept, theories foundation, and types of relation. First of all, define the nation compensate. Secondly, point out that public burden is equal is the common theories foundation, the principle of pursuing the responsibility of lawbreaker in the nation Indemnification is more likely to result in excessively pursuing of the form, left a great deal of injure without succoring. While the nature of the nation compensate embodied the request of substantial ruling by law, that is, where there is injure there is succoring. Finally, analyzed types of the relation between he nation Indemnification and the nation compensate, that including: Be juxtaposed, Cross and Repair with each other. Chapter 2 is "the system structure of the nation compensate", basically through he method of comparison, drawing lessons from the theories and the lawmaking provisions of the Taiwanese region, combining with the actual circumstance of our country, discussed the nation compensate in important items, scope, way, standard in nation and procedures. Chapter 3 is" substantial evidence research of the nation compensate", inquiring into the lawmaking model of the nation compensate, lying claim to merging model. After that, discussing several types of compensate in a specific way. Firstly, compensate in taking over, involving compensate in land-taking-over, building dismantling, movable property taking over and compulsive service recruitment. Secondly, discussed compensate based on trust. The end inquired into some basic problems that military compensate in brief.