On The Challenges And Responses Of The New Law Of The People’s Republic Of China On State Compensation On Investigative

“Law of the People’s Republic of China on State Compensation” carry out fromJanuary1,1995to date, in the promotion of the state organs and their staff shall performthe duties, protection of citizens to access to state compensation rights has played a certainrole. However, as China’s economic and social development, it has obviously can not meetthe needs of practice. In April29,2010through the" people’s Republic of China onRevising the State Compensation Law> decision" to the original state compensation lawhas made dramatic changes.On the criminal compensation, the new state compensation law optimization ofimputation principle, from the legislation to remove" illegal " state, established themultiple imputation principle; increased detention for compensation obligation; strictcriminal detention, arrest measures are applied, the liability of the illegal modifications forillegal responsibility and the responsibility; expanding the amount of compensation, thecompensation for mental damage of state compensation vision, increased abuse, indulgentbehavior of the state compensation liability; compensation channels unblocked, cancelledthe criminal compensation confirmation procedure, reconfiguring the burden of proof, inorder to" who advocates who proof", and the inversion of onus probandi.The revised state compensation law to investigate the job brought a lot of challenges,shows in: the new state compensation law constrains the investigation organ evidencecollection behavior, mainly reflected in the multiple imputation principles for investigators,the investigation into the organization with compensation obligation constraint of theinvestigation organs to collect evidence; the new state compensation law on the criminalidentification of the proposed new standards, specific is the investigation of cases in areview of the stricter requirements of investigation behavior, higher requirements; the newlaw on the state compensation for criminal suspects seized set strict requirements.In the face of the new law on the State Compensation Law of the new requirements,on one hand, the investigation organ should change the concept of investigation, crime andprotect human rights to pay equal attention to, mainly from the punishment of crime andthe protection of human rights and establish the consciousness; strengthen the occupationtraining, to improve the investigation personnel quality; strengthen the evidenceconsciousness etc.. On the other hand, the investigation organ for investigation, strictly inaccordance with the law to strengthen investigation, detention of such regulatory sitesmanagement; strict custody of the application of coercive measures, actively explore the use of non-custodial measures; to prohibit torture to extract confessions; to establish theinvestigation supervision and coordination mechanism.