On The Scope And Standards Of China's State Compensation Perfect

"State Compensation Law" of China has the following issues: there are too few compensation cases; the compensation amount is low; and it is very difficult to obtain compensation. To revise "State Compensation Law" has been included in the national legislation plan. The important components of state compensation system are the scope and standard, which, as the hot central topic of "State Compensation Law", reflect the state compensation's breadth and depth. The focus of this article is mainly on the two aspects. And the principle this article persists in is the principle of "humanist", standing for citizens', legal persons' and other organizations' rights and interests violated by state agency's authority behavior.In the development of scope of state compensation, imputation principle for our state compensation is insufficient. "State Compensation Law" must take illegal principle as a foundation, and unifies the mistake responsibility principle, the result principle, the risk principle, and constructs a three-dimensionally, multi-stratification planes imputation principle system.The legislation behavior, the military behavior, the harms behavior from the public facility presently is not included in our state compensation field. Along with reduction of the state exemption responsibility in the world, that our country repels completely state compensation to these behaviors is improper. This article presents a thought that the behaviors of making laws and rules by the State Council and National People's Congress, the behaviors of non-national defense military, the behaviors of harms from the public facility should be brought into the field of state compensation.In the compensation field of "State Compensation Law", administrative action has the universality, but many a type of administrative action are non-existent in "State Compensation Law", such as the abstract administrative action, the administrative fact behavior, the internal administration action, the administrative contract action. This article concludes that our state compensation system may contain these administrative actions, and although judicial compensation is inferior to the administrative compensation in width, the consequence of right infringement is often more serious. Also in this article the author concludes that exemption of responsibility granted by law to the...