Explore The Application Of The Principle Of State Compensation

State Compensation Law, partly coinciding with Administrative Law, is Remedy Law close to Civil Law, with the demonstration of Constitution Spirit. Three different principals of state compensation, as the important sign of improved legislation of state compensation, significantly reflect the purpose of compensation law. Compensation Law started late in China, and has been implemented for almost20years since promulgated in1994. With the variability and complexity of real life, it is not adapt the legal environment more and more. Reviewing the legal system of China in recent decades, there are many typical "misjudged cases", for instance Yu Xianglin was sent to jail for10years and Nie Shubin was sentenced to death, it is reason for the miscarriage of justice. Legislative concept is lagging behind in China, where still comfortable compensation principle with low compensation standard is used. It cannot effectively reflect the legal value of the State Compensation Law, leading to low victim satisfaction. Therefore, it needs to innovate upon the basic principles of State Compensation Law, thus setting up appropriate supporting systems. Especially punitive compensation principle, supervise and restrain the execution of public officers with superiority. It can not only improve the serving sense of public officers, but also form the law-enforcement idea correcting every mistake. Criminal cases account for a large proportion among cases in which people are unjustly charged. In this paper second Chapter expounds the principle of state compensation applicable conditions, it is used to soothe the disadvantages of the comfortable compensation principle, the third chapter discusses the inevitability of compensatory compensation principle and the feasibility of the punitive compensation principle, in the end, the fourth chapter concludes that gives up the comfortable principle, mainly used compensatory principle, supplemented punitive principle, two kinds of principles combined, so as to effectively implement State Compensation Law and provide a good legal environment.