Study Of Civil Judicial Compensation

Civil judicial compensation is not clearly defined as legal term, through the national compensation law and judicial interpretation; we can know that judicial compensation in the civil proceedings is called civil judicial compensation. Civil judicial compensation refers to the state in the process of civil litigation because of the civil judicial torts caused the losses of the victim has the responsibility for compensation to the victim. Civil judicial tort must be based on duty behavior and it must comply with the law of compensation cases, the subject of behavior includes the people’s court and its staff, meeting the conditions the civil judicial compensation can be established.This paper firstly analyses the meaning of civil judicial compensation, properties, characteristics, functions, summarize the status of our country’s legislation of civil judicial compensation and points out the problems that the imputation principle of civil judicial compensation is single; the system of two kind of the imputation principles for civil judicial compensation should be established. It is divided into illegal responsibility principle and fault responsibility principle, in different condition, we should use different imputation principles.There are some problem in the range of civil judicial compensation. the scope of civil judicial compensation is narrow, the definition of directive loss is not correct, the problem of the compensation for spiritual damage is not specified; the civil misjudged behavior, and inevitable benefit should be respected as one part of civil judicial compensation, the civil judicial torts meeting some conditions should be included in the proposal of the spiritual damages compensation. The subject of civil judicial compensation has problems, I put forward some suggestions. It is not clear to define which the real organs for compensatory obligations is when one organ was commissioned by the execution organ.It is suggested that legislation that one who commissioned the implementation of civil judicial organ is liable for compensation. in addition,the provisions of the claimant of the civil judicial compensation is not exact, is fuzzy. With the reference to the Civil Procedure Law on joint action rules I make a proposal to establish the common claimant in civil judicial compensation. It is more conducive to the relief of the rights of the victims of the right.