On The Perfection Of The State Compensation Legal System Of China

The State Compensation Law published in the year1994has establishedthe state compensation legal system in China. It provides a deeper legalbasis for the supervision of the correct execution of state power, andprotects the legitimate rights of our citizen. But China’s spankingeconomic and social development asks for an updated state compensationlaw system. On April29th,2010, the national people’s Congress adoptedamendments to the law on state compensation. New law helps solve severalproblems which have been mostly focused on, such as using a wide rangeof imputation principles, determining the burden of proof of the parties,referring to the damage caused by omission of state liability, definingthe compensation for mental injury, and providing supervision of statecompensation, among others. But the intensity and depth of themodification of the new law is still insufficient. It still needs to befurther improved.This article primarily uses such investigative methods as historicalstudy, comparative study, and the way of practical application analysis,to introduce the background and causes of the state compensation system,and to provide an overview of development of compensation system inseveral countries, then to let us understand the evolution of statecompensation legal system in China. Through the comparison of China’sState Compensation Law, we confirm its advancement. While subsequentlycombines part case, we recognize the new law still has shortage. By consulting the advanced state compensation legislation experience, andcombining China’s practice, the article makes further suggestions on theperfection of our state compensation legal system, includes buildingimputation principles system of more levels, using the way of elementsproduct to determine the sum of compensation for mental injury, settingup "inspectors of the State Compensation Committee" and arranging "themasses supervisors" and so on.