Research On The Principle Of State Compensation For Innocent Detention

This article uses empirical analysis and comparative research methods,through analysis of legislation and practice cases,elaborated the current status of the application of the principle of state compensation for innocent detention in China and beyond,and believes that it is necessary to examine the principle of state compensation for innocent detention in the state compensation law,abandon the compromise standards with compromise colors,and reconstruct the criminal compensation(compensation)system for infringing the right of personal freedom in accordance with the comprehensive principle of state compensation for innocent detention based on right relief.The comprehensive principle of state compensation for innocent detention is the correct expression of the theory of equality of everyone ’s burden,and it is also the proper meaning of the principle of criminal responsibility in the field of state compensation.Achieving the comprehensive principle of state compensation for innocent detention,it is necessary to combine illegal compensation with comprehensive compensation,establish a dual liability principle that parallels the principle of result liability and the principle of illegal liability,and legally detain,overdue detention,heavy sentence of misdemeanor,coercive measures and penalties that slightly restrict personal freedom are included in the state compensation(compensation)system,and flexible compensation(compensation)standards are formulated according to the different degrees of restriction on personal freedom.