Comments On The Case Of Compensation For Wrong Execution Applied By Dandong Yiyang Investment Co.,Ltd.to Dandong Intermediate People’s Court Of Liaoning Province

In recent years,about half of the judicial compensation disputes accepted by the compensation committees of the people’s courts at all levels in our country have been wrongly executed.Some of these cases can’t be executed,and they can’t enter into the state compensation procedure because the execution procedure hasn’t been finished,which leads to the dilemma of "difficult execution".The parties’ interests are damaged due to the wrong execution of the court,and they can not apply for state compensation,which will undoubtedly intensify the contradiction between the people and the state public power,leaving the people with negative images of "difficult execution","difficult compensation" and so on.Dandong Yiyang Investment Co.,Ltd.(hereinafter referred to as "Yiyang company")has involved this difficult problem in the case of applying for compensation for wrong execution by Dandong intermediate people’s Court(hereinafter referred to as "Dandong intermediate court").With the increasing number of civil cases,the current law sometimes fails to keep up with the development of the times or the changing requirements of the case.For example,in the case of compensation for civil wrong execution,the current law of our country has relevant provisions on the situation of starting the national compensation procedure due to wrong execution,but also because of these Provisions,some countries do not give specific and detailed explanations,which leads to the court’s absolute or formal understanding of a certain conceptin the law when dealing with specific cases,so that the case can be dealt with in the dilemma position,the case can neither be executed nor enter the state compensation procedure as the parties wish.For example,Article 8 of the interpretation of the Supreme People’s Court on Several Issues concerning the application of the State Compensation Law of the people’s Republic of China(1)states that the claimant who has the right to apply for state compensation shall apply for compensation after the termination of civil or administrative proceedings or enforcement proceedings.How to define whether the execution procedure ends or not?Is it necessary for the people’s court to issue a written order to terminate the execution procedure? And can "terminate this execution procedure" be regarded as "execution termination" ? These problems not only make it more difficult for the court to handle the case,but also make it more difficult for the parties to apply for state compensation.At the same time,due to the imperfection of legislation,people’s courts often encounter some practical problems in the course of execution,such as the formulation of allocation scheme.Under the background of rule of law in our country,it is urgent to solve such problems.Therefore,in order to solve these problems better,the paper aims to take Yiyang company’s application for the compensation case of wrong execution of Dandong middle court as the starting point,and evaluate the different judgment results of the courts at all levels respectively,and make a deep-seated evaluation and analysis of the controversial issues in this case from the perspective of legal theory.The author hopes that through the analysis of the relevant legal issues of this case,we can promote the research of the relevant content of the case of compensationfor wrong execution,and provide some reference value for the solution of the relevant problems in the judicial practice of our country.