| State compensation obligation is remedy for victims of misjudged cases. It's important that state compensation law is abided by generally to fulfill the function of state compensation. It's crucial of winning the hearts and minds of people and believing in law to establish an authority on state compensation system. First, state compensation law should fully incarnate the value to subject and society in order to become the basis of protecting people's supreme interest. Second, state compensation law should give directions to subject and set up prospects for society. State compensation law should become the criterion of social justice. It's a hope of reconstruction of equality. It's authoritative foundation of social justice. Lastly, state compensation law should become universal, equal, stable, flexible, authoritative good law. It's closely related between goodness of ruling law and ruling of good law. The thesis consists of four parts.The title of the first chapter is"interpretation to connotation and character of state compensation obligation". Firstly, state compensation obligation is an obligation of public law. Subject of state power should honor his liability when he does harm to citizen during exercise his functions and powers. Secondly, state compensation obligation is an obligation by the self. Right to confer will have two consequences. One is the possibility of lawful action, the other is danger of illegal action. Right of claim to state compensation is a joint of state compensation obligation and state compensation system. The person who is done harm to by the government agency and state personnel will have right of claim to state compensation. Because state compensation obligation is not a positive obligation, state doesn't carry out compensation obligation initially. Only if the victim claims the right of state compensation, the obligation will be start.State compensation obligation and right of claim to state compensation are the base of state compensation system. On the point of state's view, state compensation obligation is a legal consequence of government tort. On the point of victims'view, their lawful interests are invaded by government tort, so victims enjoy the right of claim to state compensation. It's a right of claim on public law that could demand for restitution.Thirdly, State compensation obligation is the unity of the rational faculty and experience. The function of state compensation obligation is that the damage which is official business done to specified person is hold by the government in the name of all the people. The public charge which official business causes is divided by all the people. So balancing of interest is fulfilled. The nature of state compensation obligation is the fusion of the responsible government on the moral value and equal division of public charge on the utilitarian value in the constitutional spirit.Lastly, State compensation is a legal remedy for victims of misjudged cases. Where there is harm, the aggrieved party may invoke remedy. The lawful rights and interests which are infringed by public security and judicial organization may be remedied through compensation. The negative influence of lawful authority from the unfairness of some cases will be eliminated. The accomplishment of basic civil rights will be protected. It's basic function of state compensation system.The title of the second chapter is"theoretical basis of state compensation obligation". In the part, the writer sets forth the changes of theory of the state compensation obligation. From non-obligation, limited obligation to absolute obligation, guaranteeing human rights becomes the key value of state compensation obligation.Rational appoint and corrective justice are the basic of state compensation obligation. The theory of social contract is a prerequisite to state compensation obligation. In contractual constitutional structure, responsible government is a political and moral claim that society enter to country for freedom. It's based on that all people are equal before the law. It affirms juridical personality of government. The essence of juridical personality is legal control to government. So, state compensation obligation has the function which controls power and investigates state political morality responsibility. Responsible government has profound and ultimate value.Corrective justice is a claim of compensation when one person is treated wrongly. It would be accomplished by the balance of lost and gain. So, the goal of state compensation is return to normal that right isn't done harm to. One of the value of state compensation law embodies in the relief of right. The law should treat that the victim is key as ideal. Between the government and victim, the latter should be given priority to.The writer researches on the basing point value of state compensation obligation. From the history investigation on confirmation of subjective qualification, the writer produces that confirmation of subjective qualification is prerequisite to rights. It means that the subject have capacity of civil rights from then on. Thus rights can be able to exist on the law. The key to accomplish the legal rights of state compensation claimant is approval to subject. People are inspected as a person who has intrinsic dignity. All of people should be worth of respect and be treated equally. It means that their freedom should be safeguarded and increased as possible. Treating them differently can't give them equal respect. On the back of every real right, the price has been paid. In the same time, it's an important factor for accomplishment of right that the country and society affirm the subjective qualification, confirm people's freedom, respect them and treat them equally. Subject character is the human natural basis of state compensation obligation. All the persons, including criminal suspect, defendant, even offender, are human beings. Everyone should exist as an end, while shouldn't be used as means and tools of government agency at will. The history of rights told us that any real right was gained through the passive struggle of people.The title of the third chapter is"the three ways to annotation of state compensation obligation". The write reflects on state compensation system from three aspects that are relation of obligation, doctrine of liability fixation, force and form of responsibility. The legal relationship of state compensation obligation must meet the following standard category. Firstly, specific behaviors breach of statutory duty. Secondly, where there is a right there is a remedy. The accomplishment of obligation depends on the achievement of remedial right. It not only displays the structure at the core of state compensation obligation, but also separates state compensation obligation from moral obligation and social obligation so as to become the basis concept of jurisprudence. In the aspect of doctrine of liability fixation, the fault liability replaces the principle of malfeasance at present."Duty of care"which state compensation law pays close attention to should be defined as"the protective duty to specific person"of the subject of power. Liability without fault may be a supplementary doctrine of state compensation obligation. The concrete standards of liability fixation are provided for by law. Those clauses are found on abundant investigation to social interests that would be protected by law on legislation. That's the result objectivity of social value. State tort is concluded to legal liability and means of remedy in the final analysis. The standard of damage compensation shouldn't apply mechanically in according to that of remedy to the poor. Because tort leads to misfortune, we shouldn't give them much sad on the standard of compensation. Judicial decision is an actual law itself. Litigants are discontented with amount of compensation, because they feel that law doesn't achieve minimum justice which they hope to. Justice not only should be accomplished, but also accomplished in the way that can be seen. Fair judgment is very important to Chinese constitutional construction in judicial practice.The title of the fourth chapter is"encouragement mechanism of state compensation obligation". The writer analyzes the outside economy of compensation and the cost and income of administrative action by economic analysis. The aim of state compensation is accomplishment of the lowest social cost. It's nonsense of money and the shift of money, comparing with the value of freedom, healthy and life. The aim of state compensation obligation should be prevention of beforehand damage instead of remedy to subsequent damage. State compensation law which is established around encouragement instead of force is able to recognize and protect people's freedom and deprive government agency of excessive intervene. Everyone can do best to accomplish and protect his interest. It's the most respective to human being that recognize everyone is entitled to live within the competence of law freely and inviolably. If declaring innocent accused guilty, the deterrence affect isn't positive, but negative. It reduces the anticipated cost of criminal punishment. The social costs of declaring innocent accused guilty may be more than those of sanction. Government agency can avoid the misjudged cases at the lowest costs, but it doesn't pay enough attention, so it should bear state compensation obligation. Thus it can encourage that government agency take similar and potential measure to prevent the damages. It can gain the same income at the lowest costs, so the efficiency is the highest and the social costs of misjudged cases are the least. The main function of state compensation law is to reduce the costs of misjudged cases and preventing misjudged cases. It can make government agency more rationally to reduce the costs of misjudged cases. Reasonable compensation can minimize the sum of the costs. It's impossible to utterly destroy misjudged cases. But misjudged cases can happen at little probability through the encouraging system at least. A good legal rule of compensation can produce encouragement. Under the encouragement, government agency voluntarily invests the adequate costs to prevent the misjudged cases. Anyone isn't a winner in the damages of misjudged cases. Once misjudged cases occur, damages are doomed to be irreparable. People only can shift the damages .No matter what the damages are converted to how much money, the loss of life, body, healthy, family and future, only the lost bears on himself. It's the ultimate solicitude that prevents the misjudged cases occurring.To establish fair state compensation system, it needs not only perfect the system itself, but also recognize the dignity and value of state compensation claimant. Anyone can't become the victim of others'and entire interests. Even if state compensation law embodies adequately the value to the subject and society and become the foundation of protection to the highest interests, it can win the hearts and minds of people and accomplish the social justice.
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