| Article 41(3)of the Chinese Constitution declares that those who have been deprived of civil liberties by state entities and personnel are entitled to recompense in accordance with the law.This type of compensation is a legal system in which the state is held accountable for any tort in its power activities.The emergence of state recompense,which has been in existence for more than 100 years since its emergence in the 1870 s,has been in stark contrast to the civil compensation that began in ancient Rome.In spite of this,the proliferation of science and technology in contemporary society has caused the state to become more influential,with the possibility of infringement becoming ever more apparent,and the requirement for state recompense becoming ever more clear.The state compensation system plays an indispensable role in the development of our country’s legal system.The enactment of the "state compensation law" grants the state compensation system its own distinctive legal regulations,which is not only essential for the steadiness and advancement of society.Significance of great magnitude to the building of the nation’s democracy and legal system,particularly in creating a tranquil society,is undeniable.In civil execution,execution reversal and state compensation caused by execution error are two completely different legal concepts.Therefore,in judicial practice,if the implementation of rotation instead of state compensation due to different understandings of the two,it is to transfer state responsibility to the parties,which violates the legislative intent of the state compensation law.Clarifying the source of the issue and proffering proposals for the construction of our nation’s legislation is essential.To safeguard the individual and property rights of citizens,as well as to enable state agencies and their personnel to act in accordance with the law,is essential.Besides,the execution rotation caused by civil misjudged cases cannot make up for the loss of the original execution obligor,or cannot be executed according to the nature of the case.Whether state compensation should be carried out,and even further whether civil misjudged cases should also be included in the national compensation system is also debatable.By contrasting the laws of other nations and areas with the actuality of our nation,this thesis is presented.it is concluded that the scope of state compensation can be extended to the examination of the failure of execution and the wrong execution caused by civil misjudgment.In addition,in view of the causes of civil misjudged cases,the reasons for the wrong execution of civil cases are derived from the judicial organs.The current trial committee of state compensation cases is also subordinate to the people’s court,and it is inevitable that the independence is insufficient.The author’s views on the trial process of state compensation cases are of great importance in order to enhance the procedural security of China’s state compensation system.Divided into some chapters,this thesis is comprised of an introduction,body,and conclusion,each of which investigates certain queries.Chapter 1: What is execution rotation?What is its function and why is it related to the state compensation? What are the cases where you can’t execute a turn? Civil execution turnaround and civil error execution are problems in the execution stage,so what are the similarities and differences between them? Will them result in state compensation? Chapter 2: What causes a turn-around failure? What is the current remedy for executing the turn? Chapter Three: What enlightenment does the extraterritorial civil state compensation system bring to our improvement? Is it possible and necessary to include the failure of execution into the scope of state compensation?... |
