The Difficulties Faced By The Current State Compensation Law And The Way Out

The national compensation system is that when state organizations and their officers of stateillegally exercise powers,violate the citizen, corporation and other organization's legitimate rights and interests, the state must bear the compensation responsibility to the victiom. Law of the People's Republic of China on state compensation enacted on January 1,1995 and has basically established our country's national compensation system. It is an important achievement of democracy and legal system construction, and it also marks that our citizen's rights system becomes more and more perfect. The national compensation law has result important impetus effect in protecting victim's legitimate rights and interests and supervising the state power, etc. Because the flaw of legislation itself and the effects of many factors in reality, our national compensation system constructed by Law of the People's Republic of China on state compensation still has many loopholes, its function has not been able to display fully.The summary says, it mainly includes: In aspect of responsibility who should bear, our "National Compensation Law" adopts the principle only in illegal conditions. This principle strictly limits the victim to obtain the compensation. Under the circumstances that state compensation developed day after day, the sole responsibility principle displays the obvious inelasticity. So we might consider establishing multiple principle of responsibility, take the illegal principle as primary, with mistake principle and result principle as the supplements. This responsibility principle system can remedy the defect of illegal principle, and can deal with many complex national compensation problems in practice. The scope of national compensation is too small, only including compensation of damage to rights of person and rights of property, not including compemsation of damage caused by public facilities, mismanagement and improper abstract administration of some authorities. We might expand the scope of national compensation, by establishing new compensation of damage caused by public facilities, mismanagement and administrative organization's abstract administrative actions. Standards of compensation are too low, especially in the case of personal freedom compensation; what is more, indirect property damages and...