| China’s state compensation is based on the nature of public power as the standard for the classification of compensation.Supervision power,as a new type of state power,is the basis for supervising compensation to become an independent state compensation.In the elements of compensation,compared with administrative compensation and criminal compensation,the scope of supervision compensation’s claimants and the agencies is relatively limited.In the principle of imputation,the principle of imputation of law in administrative compensation and criminal compensation may be more in line with the need to supervision compensation,which attach importance to "responsibility".At the same time,the working mode of the Supervision Commission and the Commission for Discipline Inspection provides a realistic basis for the establishment of the principle of result attribution in the supervision compensation.These characteristics have become the theoretical basis for supervision compensation as a new type of state compensation.Therefore,the supervisory compensation should not directly apply the original system of administrative compensation or criminal compensation.Establishing an independent approach to supervisory compensation is not only the need to improve the supervisory compensation,but also the protection of the rights of the claimant.It is also the embodiment of ensuring that the supervisory system and the state compensation system are smoothly connected.It is the embodiment of the smooth convergence of the supervision system and the national compensation system.Examining the original national compensation model,we can find that the criminal compensation adopts a single,non-litigation model to relief rights,and the compensation committee is compromised.Although this model can reduce the conflict of power between state agencies and ensure that compensation disputes are resolved quickly,the integrity and fairness of the national compensation system have been questioned.Compared with criminal compensation,the "dual-track system" approach in administrative compensation is more complete in the system,but it has problems with the positioning of the "specialized agency" of the supervisory authority and the differences in subjects and the effects of exercising authority.It is difficult to meet the needs of supervision compensation by directly adopting any set of original compensation approaches,or by compromising the two compensation approaches.Therefore,based on the advantages of the original model,we will draw five typical models of extraterritorial: Decided by Compensation Obligation Agency,Deliberative,Special Organ Preliminary Examination,Equality Negotiation and Combination of Negotiation,Reconciliation,and Approval.It is imperative to build an approach in accordance with the supervision compensation.Combining with the reality needs of the relatively fixed subject and special working model in China’s supervisory compensation,the claimant is allowed to apply for compensation directly to the compensation obligation agency,but a specific agency,the improve compensation committee should be used as a pre-procedure for supervision compensation,and the litigation must be the fallback way.In terms of procedures,it stipulates the scope of effective compensation,limits the scope of the claimants,and clearly the claims time and limitation of action.It has become a selection that can realize the fast and economic advantages of non-litigation procedures and ensure the fairness of national compensation.In a significance of the independent approach,it can not only highlight the independent status of the supervisory authority,but also indirectly realize the supervision of the supervisory power,which has become an effective help to promote the reform of the state compensation system. |
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