The System Of National Compensation's Current Circumstance And Completely Of Our Country

The System of national compensation is a important sign of the construction of national democracy and law system.This article based on the current circumstance of our country, firstly described the present situation of the system of national compensation, then target to the disadvantages and difficulties in the scope, procedure, standard, method, fines and rules of national compensation to proposed constructive suggestions in four phases though learning the experiences of other countries. Also put expectation on the accomplishment of our system of national compensation.Beginning from reminding of the establishment process of the system of national compensation, this thesis described the harsh route of the development of our country's system of national compensation, then, analysis the feature and contains of the current system of national compensation of our country, at last, put out several suggestions targeting to its disadvantages and problems.In national compensation part, the government should ensure the scope of its compensation, enlarge the scope of criminal compensation and civil compensation and diverse the way of ensuring national compensation scope.At the aspect of perfecting the scope of administrative compensation, the government should consider that put harm caused by unreasonable regulations and rules, public facilities, serious unsuitable administrative activities into the list of national compensation. At the stage of extending civil, administrative and judicial compensation, the government should put illegal activities in judicial proceed which led to harm of Personal rights and property rights into the list of national compensation. Furthermore, the government should identify the relations between the compensation scope of"Law of the People's Republic of China on State Compensation"and the article 121 of"General Principles of the Civil Law of the People's Republic of China"; While in the aspect of changing the way of establishing national compensation scope, our narrowed judicial compensation was limited by the way of particularizing, in that we need change it into a concise way of summary.In the aspect of the procedure of national compensation, the government should thoroughly ensure the relation of the procedures between municipalities'national compensation and criminal suit added with civil suit. Moreover, both procedure are available aide procedure, which can be choose by sufferers even get double compensation while one procedure is not able to make up the lost.In the aspect of accounting standard and method of national compensation, the government should consider of adding mental compensation upon present basis at certain stage;In the aspect of compensation expenditure, the government should enhance the inspection of compensation payment budget, or pay though insurance. In the part of regulating execution of the court, the government should realize the problems emerged in the cases; confirm the availability of trailing procedure and establish the standard of legality.