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Research On The Damage Cope Of National Compensation

Posted on:2012-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:J Q YeFull Text:PDF
GTID:2216330338968231Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The scope of compensation for damages has been the focus of academic study in the field of State Compensation. As it is related to the protection of civil rights directly, the scope of compensation for damages has become a hot point that being common concerned by the community, even some part of it which was imperfect caused widespread controversy in the society. Although the 2010 State Compensation Law has been revised recently, this thesis found that some key issues, such as the narrow scope of compensation, high demanding, the less amount of compensation and fuzzy recognized standards, have not resolved fundamentally.Except the foreword and conclusion, this thesis includes three levels which are comprised by six parts. The first level includes the first part of the thesis, which introduces the basic concepts; the second level includes the second and the third parts of the thesis, which is focused on the study of Comparative Method; the third level includes the fourth, fifth and sixth parts, which analyzes some practices and proposes recommendations.The first part of this thesis elaborates the scope of compensation for damages in state compensation. Starting from the angle of general concept, this part briefly analyzes the Criteria for the classification of the scope of compensation for damages and elaborates the basic concepts of the compensation for material damages and spiritual damages. Then it explores the major factors which influence the scope of compensation for damages in state compensation and establishes the basis of further description.The second part of the thesis focuses on the foreign legislative practices of the scope of compensation for damages. The legal system in some country should learn to make use of the other countries'outstanding theories and practices of achievement and follows the development trend of within the world. By analyzing the development of the foreign system of state compensation, we can found the clear idea of theory research. On the basis of studying the law systems in different countries, the thesis provides some useful ideas and recommendations for our system of state compensation.The third part of the thesis focuses on the legislative amendment of the scope of compensation for damages in China and the necessity of further perfection. With the situation of our country, we can find that the 2010 State Compensation Law is just a magnificent progress but not the termination in the legislative perfection in the system of state compensation. There also exists some field needed to further research. Considering of the society character China, inevitable history development and the need to promote the society's harmony, the further perfection of the scope of compensation for damages in state compensation is realistic and urgent.The fourth part of the thesis focuses on the establishment of the standards of state compensation which is based on compensatory compensation and supplemented by punitive and soothing compensation. From this part on, this thesis mostly analyzes the legislative practices. As the revision of concrete law clauses must obey some principles and standards, so the discussion and research of the standards of state compensation should be chosen and defined reasonably when refer to different damages. It is also the premise of further legislative revising and perfecting the scope of compensation for damages.The fifth part of the thesis focuses on the legislative suggestion of the indirect compensation for material damages. Although the controversy in direct compensation for material damages, the differences in the indirect compensation for material damages are distinct. For the indirect compensation for material damages, we must classify it into two different basic forms and define the scope of the indirect compensation for material damages and the method of amount calculation.The sixth part of the thesis presents three important issues in the legislative perfection of the compensation for spiritual damages in state compensation. The compensation for spiritual damages includes the compensation for natural person spiritual damages and legal person spiritual damages. The compensation for natural person spiritual damages consists of direct compensation for spiritual damages and the third party compensation for spiritual damages. In connection with those three circumstances, we should clarify three issues, which are, the scope of the compensation for spiritual damages, the standard of the identification of the degree and method of amount calculation.
Keywords/Search Tags:state compensation, scope of compensation for damages, Standard of compensation, compensation for material damages, compensation for spiritual damages
PDF Full Text Request
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