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Discussed Expanding The Scope Of State Compensation

Posted on:2016-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z H WuFull Text:PDF
GTID:2296330470966679Subject:Law
Abstract/Summary:PDF Full Text Request
China’s current State Compensation Law was amended in 2012 by the foundation in 1994 of the second, January 1, 2013 formally implemented, develop and amended twice in the back of the State Compensation Law are citizens, legal persons and other organization suffered against public authorities seek relief provides a legal basis, in order to fully protect the legitimate rights and interests of citizens, legal persons and other organizations to provide a great help. With the recent discovery of the enemy wrong cases reported, such as Inner Mongolia Spengler call patterns, Fujian Bin case study, Xu Hui, Guangdong and other cases, the State Compensation Law has been unprecedented attention and the Internet caused a heated discussion. Data released by the Supreme Court, in 2014, the people’s courts concluded a total of 2708 cases of state compensation; however, vice president of China University of Political Science Professor Ma Huaide that "for compensation which is not much," "scope of the current state compensation relatively narrow. " Meanwhile, the National People’s Congress of Jiangxi Province Higher People’s Court Zhang zhonghou president pointed out that compared with other countries, China’s overall standard is still low, there is much room for improvement.This paper is divided into four parts, the first part is an overview of the State Compensation Law, introduces concepts of state compensation range, historical stage of development of national compensation system, and to expand the scope of state compensation trends and can be expanded reasons; second part of the extraterritorial scope of state compensation analysis, compensation of damage caused four aspects related to the scope of state compensation introduction of France, Britain, Germany, the United States and other countries and regions set up compensation from the legislative, judicial compensation, executive compensation, and public utilities; the third part is based on the combination of the first and second part of our current State Compensation Law to demonstrate the limitations of my current national scope of the State Compensation Law; the fourth part is combined with China’s actual conditions, refer to the relevant academic research and the author’s own academic point of view a series of recommendations for improvement.
Keywords/Search Tags:State Compensation, Scope of the State Compensation, Law, Compensation, legislation
PDF Full Text Request
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