The Reconstruction Of Our Country Compensation Procedure

The substance of the State Compensation State authorities shall comply with thelaw,state organs unlawful infringement of the rights of citizens should bear legalresponsibility. In state compensation, the procedural issues is very important, totruly implement of state compensation, must have a complete application rules andfair compensation. While "State compensation law" in2010confirm cancel criminalcompensation program, increasing the application receipt and clear compensationcommission trial period made the changes, but still exist some problems in respect ofstate compensation program.State compensation program is refers to the state compensation state organs andtheir staff the injury caused by exercise of public behavior, follow the step, sequence,time, methods such as the floorboard of the legal requirements. Foreign legislation onstate compensation procedure is more perfect, based on the United States, Germany,Switzerland, Japan, South Korea’s national compensation procedure legislationinvestigation, comparative analysis of the characteristics of compensation programsfrom country to country. China’s current national compensation procedures exist theorgan liable for tort organ and the organ liable for compensation, the decision ofreconsideration aggravates the integration after the confirmation of the unreasonable,the administrative compensation procedure and the criminal compensation procedureis not unified, the compensation committee hearing defects such as unreasonable. Inthis paper, combined with foreign legislation experience and China’s actual condition,reconstruct the national organ under compensatory obligations and the statecompensation program. Compensation committee accept administrative organs andjudicial organs caused by the application for state compensation, the people’s court ator above the intermediate level to civil litigation procedure of state compensationlawsuit. Request people choose any applicable compensation commission proceedings,or the people’s court proceedings.