How To Improve The Legislation Of The State Compensation System

Since the national compensation system puts into practice, social and lawful result is obtained but some problems exist in the lawmaking field: First, the national conduct and action, as the main compensation body, is downplayed; Second, the national compensation scope is over narrow, which do not need the national compensation duty generally; Third, break the law to return the principle of compensation signally to cause easily the compensation scope too narrow, break the law to return the principle of compensation to also exists the actuality is inside not maneuverability; Fourth, the current national compensation standard is over low; Fifth, the procedure of current national compensation is inconvenience for a person to compensate, the confirming, reporting, out-carrying difficulty is a key problem; Sixth, the national track making system for the compensation provision is unclear.Therefore, the author thinks that several aspects as follows should be rectified: The national compensation corpus duty should be underlined, the national public finance represents the national pays to compensate the expenses, which should regard national fiscal as the backing, not the all levels; Modify the national compensation method kit system, turn round the national compensation certain degree to become the iniquity that duty organization compensation situation. The scope of national compensation should include the lawmaking compensation and the military compensation ; The administration compensation inside should include the compensation that abstracts administration behavior cause ; Undertaking the infringement behavior that compensates duty should have the behavior of the nonperformance legal job, namely, "not be in duty" ; The administration compensation inside should increase the relevant resulting in the national compensation duty of the damage to the public facilities. In the judicial compensation, the scope that pertaining to criminal compensation should extend to keep watch on the lived in or take to protect by mistake the waiting reviews, the civil case in court, for administration litigation compensation, the scope should extend to judge the activity to the civil case. In regard to the result that harms behavior , in addition to including the property rights, human body rights, should still have the other the rights on the method, such as right to be educated, right to vote...Etc.; The scope of suffered property right and personal right should be extended; In regard to the result thatharms behavior, in addition to the direct material loses, should still include indirect material loss and spirit losses; Moreover, the release of national compensation duty should be defined concrete scope, distinction current compensation method generally. The combinative fault principle with the fault duty principle can take into the solution which solves the limitation of the responsibility for breaking national compensation law, which can become a stereoscopic, many level returns the compensation principle system. The national compensation, compensating principle or repairing the compensation principle completely the should be adopted currently, namely, losing physically plus profit benefit lose; Personal rights injured indemnity standard should compensate for the spirit that nation injures, the duty undertakes must lead into the money to compensate with other material on the original foundation, canceling to the highest quota of the citizen life health power indemnity, it is further to protect to victimize the person's rights. In the national compensation procedure, handles in advance must be changed to the procedure that person can choose. The procedure that victims put forward to court directly to compensate for, should be adopted, let court affirm the fact and draw a conclusion. Establish a set of organizations that unify the compensation with the procedure system, reduce middle link; The court establishes or clears and definite exclusively the national compensation judges, which makes the compensation case as a type of law dispute case and pass the litigation procedure to take up with sentence, merge into the united litigation procedure with review the class system. Rack making for national compensation should make sure the procedure of rack making, the standard of money and the relation with the civil law.