Research On Monitoring Compensation System

If a public authority infringes on the lawful rights and interests of others by exercising its powers,it shall bear the state’s liability for compensation in accordance with the law.However,there is no relevant legal system for further detailed regulations on how the supervisory agency should bear the responsibility for compensation after infringing the rights of the person under investigation.After further strengthening the supervision of public officials,the protection of the rights of the investigated should also be improved accordingly,so as to maintain a balance between the two in practice and also facilitate the realization of the purpose of supervision.In the case of public power infringing on the rights of citizens,the state compensation system is a system used to relieve and protect the individual rights of citizens.Supervisory organs belong to the scope of public power of the state.Therefore,compensation obligation organs should also include supervisory organs to achieve supervision and restriction on supervisory organs.The first part of the article discusses the concept of supervisory compensation,and analyzes the legal basis of supervisory compensation and whether it can be applied to the existing national compensation system.The second part of the article analyzes the imputation options and their pros and cons of the construction of a specific system of supervision compensation from three aspects: the principle of liability,the composition of liability and the scope of compensation determined by the principle of liability.The third part of the article focuses on the construction of a specific system for supervision and compensation.First,it analyzes the concept of the main system,and then determines the distribution of the burden of proof in compensation and the construction of a specific procedure system,and puts forward a feasible supervision and compensation procedure based on the practice of the rule of law.The fourth part of the article discusses the choice of the legislation style of supervision compensation and its good connection with the existing state compensation system.