The Search Of Chinese Recent State Compensation

The modern China, was a special period in Chinese history, in the rapid socialtransformation of the environment, ideological change, legal transplantation and localizationinto the era of benchmarking. Administrative law is produced in this background, guidingChina’s political process. As a branch of the state compensation of administrative law theoryis also accompanied by the introduction of the concept of human rights in China, breaking thecontinuation of the millennium, and unlimited state power. In neither the law basis, and nopeople’s sense of sovereignty of China, in just a few decades to make state compensation ideato take root, and even can be embodied in the constitution, but admirable and learning.The focus of this paper is from the " Westernization Movement" to transplant, thedevelopment process of state compensation system in this stage of the1949, the text isdivided into four parts.The first part, introduces the background of the state compensation system. Theeighteenth Century in Europe, with the development of industrial economy, the emergingbourgeoisie began on the political stage, more eager to protect property and freedom. With thecontinuous expansion of the functions of the government, the public power infringing humanrights becomes more and more serious, however, in the "national sovereignty " consciousnessdominated, victims can only from the fruit, this phenomenon has aroused people’s more andmore discontent. With the " social contract " has been the development of social recognitionand the concept of human rights, state compensation theory gradually began to develop afterthe state liability, absolute immunity period, the responsibility of the state relative immunityperiod and country no-fault liability period. Politics and law exists in its development rule,causes this part through the analysis on the international system of national compensation,which foreshadows the process description of the transplant in China, development.The second part, through historical analysis of the national compensation philosophyfoundation and system of china. In the Westernization Movement failed, advanced molecular asset class gradually realized, the light of learning can not change the backward situation ofChina from the technology, the feudal system can only change the corruption fundamentallyachieve the power to. From the beginning of " Wu Xu political reform ", system, westernculture gradually introduced into China, the concept of human rights also began to appear inChinese text. With several cultural movement successively, the concept of human rightsgradually win support among the people, and eventually become a part of the constitution.Awakening human rights concept that people protect their property and personal rightsthrough the legal consciousness, and state compensation concept was introduced to China andcause scholars to pay attention to.The third part, it introduced the concept of state compensation discussion and legislativesituation after China field. Since Wang Shijie in1923on the national compensation published,issue in academic circles, according to the national compensation is responsible for statecompensation law applicable to the scope of compensation, etc. the discussion. With thewestern theory is similar, there are " no," said the national vicarious liability theory ""national no-fault compensation said " etc.. Academic discussion has also aroused the attentionof legislators, and in the relevant law some rules of state compensation obligation, but do nothave the operation.Theories have clear and so on a series of questions not yet. In the academic discussion ofthe legal profession, the rulers in the legislation is gradually acknowledged the statecompensation liability, and in the " Administrative Procedure Act "," administrativeprocedure law "" land law "," police use regulations " and other laws and regulations in theprovisions of the state compensation obligation, but these Provisions are only for the idearecognition, because is too simple, does not have the practical operation, thus making the statecompensation law scholars launched the study to discuss how to amend the law.The fourth part, the criminal compensation campaign is a culmination of thedevelopment of the theory of state compensation. According to the national governmentperiod especially the miscarriage of justice in1931" endangering the Republic emergencypenal law " after the enactment of the existence of a large number, to the Shanghai Bar Association led by lawyers launched the " human rights "" to uphold the rule of law " of thecriminal compensation campaign. This paper introduces the major development of thecriminal compensation campaign and scholars, so as to reproduce the motion picture at thattime compensation.