Confirmation Of Illegality Of State Compensation Liability Caused By Civil Error Execution

With the advancement of China's comprehensive strategy of governing the country by law and the gradual improvement of the rule of law system,there are more and more civil cases accepted by the people's court into the execution procedure.In the implementation system of state power,court execution plays an important role.And in the actual process of court execution,there will have violations of the legitimate rights and interests of the executor,the person subjected to execution,outsiders and other citizens or organizations,which will lead to the corresponding state liability for compensation.In China's National Compensation Law,there are relevant provisions specifically for the state compensation liability arising from the court's civil execution process.The purpose of these Provisions is to minimize the losses that have been caused or to correct or make up for the mistakes that have been committed against the rights and interests of the parties.However,due to the broad description of these provisions,they cannot be well implemented in the specific implementation,and the problems generated cannot be well solved.At the same time,this year is a crucial year and a decisive year to basically solve the problem of "difficulty in implementation".In order to carry out relevant research,this paper takes "Yi yang Company's Application for Dan dong Intermediate People's Court's Error Execution Compensation Case" as a case for analysis.This case is the first civil wrongful execution of state compensation case brought to trial by the compensation commission of the supreme people's court,which directly reflects the responsibilities that the people's court should play and the responsibilities that it should take the initiative to assume.In this typical case,there are also a lot of cases about the process of state compensation and the scope of court execution,and it is of great significance for us to understand the concept of state compensation in civil execution and what problems should be paid attention to in the process of state compensation.For this reason,the author combines the relevant theoretical knowledge of China's administrative law and civil procedure law,and carries on the thesis writing from four parts.The first part introduces the specific situation of the case,including the introduction of the case and a brief comment on the focus of the dispute.The second part analyses the specific situation of the case according to the four constituent elements of "subject,act,result,causation" and the legal provisions of our country.The third part analyses the illegality of the relevant acts and decisions of Dan dong Intermediate People's Court and Liao ning Provincial Higher People's Court in this case,and expands the analysis according to the law and actual situation.The fourth part is the reflection on the cases,and the reflection on the application of relevant laws and the correction of procedural errors caused by the above illegality determination of courts at all levels.I hope that through the analysis and suggestions of the author,I can make a little contribution to the development of the procedure of national compensation for civil errors.