Study On State Compensation

The state criminal compensation system is one of the most important parts in the system of state compensation. It reflects the state’s self-denial after its wrongly adjudicate to the citizens. Therefore, it normally considers the state criminal compensation system as correction when state organs abuse their power in the judicature field. Nowadays, every country which pursues modern legal system has established its own state compensation system. Since the year of1954, China established its own state criminal compensation system, and the Law on State Compensation came to be effective in the year of1995. However, the law was criticized after its promulgation, for example, it is ineffective in field of the principle of imputation, scope of compensation and procedure of compensation, etc. The Law on State Compensation was revised in the year of2010, which improved a lot on many existing shortcomings, but it was still considered as a constrained pace.This paper is aimed at the new revision of the "State Compensation Law", from the national criminal compensation system rationality and operability of jurisprudential analysis, analysis of the major national criminal compensation system of the general situation, combined with China’s practice of history, prospect of national criminal compensation system in our country’s further development and perfection.In this paper, except the introduction and the conclusion, this paper consists of three parts. The first part of the national criminal compensation theory analysis. From a legal point of view of national judicial appraisal main body as demonstrated on citizens make the mistake of judicial evaluation after why should bear the liability of compensation. On national criminal compensation system in the history, and a comparative analysis of the main national criminal compensation system and before the founding of new China in this field in China the existing legislative experience. The second part discusses after the founding of our national criminal compensation system the establishment process, focuses on the analysis of China’s first "State Compensation Law" on national criminal compensation system, such as the principle of imputation, scope of compensation, compensation procedures and other controversial or obviously defective regulations were analyzed, and the comparative analysis of related provisions in the2010revised progress and highlights. The third part of the new revised "State Compensation Law" on national criminal compensation system provides further profound reflection and review on the institution, and put forward their own rational conception.