Research On The Application Of Apology In State Compensation

Mistakes can change is the traditional virtue of Chinese people,the mistake to take and sincerely apology is the basic requirement of moral since ancient times.As the rule of law is gradually perfect,apologize also has been introduced into the law of state compensation as the organ for compensatory obligations for a way to compensate the victim.Apologize this way can be very good appease injured party mood,express the sincerity of the organs of public rights more easily accepted by the victim,play the role of maintaining social stability,therefore applicable to apologize this system research is necessary.This article through to apologize in the state compensation for the analysis of present situation and the existing problems,found that more and more victims by the state public power infringing,requires countries to apologize,but in practice,but the legal specification is not specific about to apologize,apologize to the enforceability of the weaker,the claimant low satisfaction phenomenon.The current\"state compensation law\" only to apologize to the scope of some of the limit,apologize and make amends for the main body,way,time has not been,occasions and executive detailed rules,in practice,the compensation way is multifarious,increasingly decline,apologize as a compensation method of state compensation did not get the attention they deserve.Apologize from the current state compensation system mainly exist the following problems:first,apologize in current national compensation scope too narrow,applies only to personal rights are violated,and the property rights are violated,the victim cannot claim infringing organ to apologize;Second,to apologize to apologize personnel not clear,in the state compensation law shall be specified shall be the organ liable to apologize,but for the staff,there is no specific provision to apologize behavior;Third,the way to apologize is not clear,usually apologize including oral,written in two ways,on this basis,there is room for refinement;Fourth,apologize time lag,the organ for compensatory obligations found errors such as failed to apologize after but wait until final judgment/decided to force to apologize,apologize from active to passive,weakened the way to apologize this compensation effect;Fifth,to apologize occasion lack of regulations;Sixth,weak enforcement of apologize.This article from the legal laws and regulations,domestic and foreign related legal comparison,case data statistical analyses these problems such as level,aiming at to apologize in state compensation status quo and existing problems,and proposes to apologize to broaden the scope of application,clear to apologize to apologize,apologize to determine the specific way,the reasonable time for the implementation of the set to apologize,apologize to clear situation,strengthening the apologize to perform recommended strategy,and analyze the proposals,to regulate to apologize in the state compensation of our country,effective play to the function of legislation to apologize in the state compensation law.