The Conception Of Perfecting The State Compensation Program

Established in1994, the State Compensation Law of national compensation procedure for setting of administrative decision making model. With the development of social economy and people’s right consciousness, the administrative decision model has been seriously challenged, to amend the state compensation current mode of operation has be imperative. In April29,2010through the " Standing Committee of National People’s Congress on Amending the law of the people’s Republic> decision ", the state compensation procedures of the seven aspects of the change, reflected the national compensation procedure protect the people’s livelihood, safeguard civil rights legislation purposes:first, to cancel the illegal confirmation of the preceding procedure, widen the compensation claimant claims for state compensation path; second, increase the consultation procedure, in resolving disputes and resolve contradictions at the same time, reduce the complaint, petition, to achieve legal effect and social effect of the effective unity; third, increase the burden of responsibility and hearing testimony regulation, clear responsibility main body, so that the claimant for compensation and compensation mechanism can fully express their opinions, to strengthen the national compensation the transparency of the case; fourth, clear compensation decision delivery time, make the case of state compensation program more normative; fifth, perfect compensation cases of reconsideration conditions, expedite the claimant’s rights channels; Sixth, setting the compensation committee of the people’s court trial period, to the duration of the trial standard compensation case; seventh, increase the compensation committee of the people’s court appeals against decisions of review into effect, Trial supervision, procuratorial supervision regulations, by setting the compensation cases of legal supervision, to further enhance the justice of compensation cases. In addition, the decision also increased the organ liable for compensation shall apply for the claimant received a certificate issued, and the application for preliminary examination and correction of the duty to inform. These changes to our country put the constitution to respect and guarantee human rights principle has very important sense, at the same time the state compensation program is developing to a judicial procedural changes, and gradually realize the principle of judicial final adjudication.In the legislative process, although in theory circle and practice circle is suggested to be a criminal judicial compensation set up separate chapter, to increase the necessary procedural provisions, and the criminal compensation and criminal compensation generalization settings for judicial compensation, but this second amendment to state compensation law has not adopted the proposal. The new amendment of the state compensation law only in thirty-eighth of Criminal Judicial Compensation Procedure Provisions, this will inevitably lead to the judicial compensation procedure in China especially the criminal judicial compensation procedure the loss of system. The amendment to the state compensation law, cancel illegal confirmation prepositive procedure, citizens, legal persons and other organizations to apply for state compensation does not require the organization with compensation obligation to confirm the authority is illegal, the people’s court in the trial of a case can also exercise judicial review to confirm the power and judicial compensation decisions, this modification can effectively solve the " compensation " bottleneck problem. Case of state compensation is no longer a simple "account program ", but a complete tort cases, it includes not only the subject, tort, causality, principle of imputation of review questions, including the methods of compensation, scope of compensation and the amount of compensation review. Although the revised state compensation law the twenty-seventh stipulation of the compensation committee of the people’s court to take a written examination approach to compensation request, when necessary, can also provide relevant units and personnel of investigation and evidence collection. The claimant and the organ liable for compensation of the damage fact, causality disputed, the compensation commission may listen to the claimant and the organ liable for compensation for damages and the causal relationship between statements and arguments, and may conduct cross-examination. But in practice has not yet formed a set of effective measures, this is neither the state compensation proceedings and administrative decision procedure characteristic inevitably led to many difficult problems in practice.The author thinks that establish and gradually improve the national compensation procedure may play a multiplier effect.