Amend The State Compensation Law Research

The national compensation is that,by the national name, illegal exercises of the state power in the state agency and its the staff, when encroaching upon the citizen, the legal person and otherorganization's legitimate rights and interests, receives according to the legal rule violates the compensation which the person gives. The 41^st in 3rd section of our country's Constitution stipulates that,"Because the state agency and the state personnel encroaches upon the person which the rights of citizens has been lost or obtained ,they get the right of compensation by law." The constitution entrusts with our country citizens to obtain the compensation power to have to depend upon the more concrete detailed legal laws and regulations to give the standard and the safeguard. Our country "National Compensation Law" announced on May 12, 1994, and got up the official implementation on January 1, 1995. This legal objective lies in maintains the citizen, the legal person and otherorganization's legitimate rights and interests, safeguards it legallywhen necessary enjoys obtains the national compensation the right,simultaneously also is for supervises the administrative organ and the judicial organ well legally exercises the authority, limits its authority abusing. Its issuing for execution is in an our country socialism democratic legislative work advancement important matter,and it is the milestone inour country democratic legal system practice,moreover it has manifested the government by law idea in a higher level,strengthened the people to the legal Uygur power understanding.Therefore this law as soon as pubished is received high praise from the educational world and media's side, also some people call it "pledged the citizen basic right law of cash to the constitution". However, although this law has been executated for more than ten years, its function have not certainly imagined like the people that perfectly,administrative organ and judicial organ's abuse of authority still unceasingly, after people's right receives the infrigement still with difficulty to obtain the compensation, regardless of is the state agency or citizen individual, still simple and is one-sided to the national compensation method understanding. At the beginning of many legislations had not expected the question also day by day complex appears along with the social life.the encouraging thing is: In the last few years, the discussion related to national compensation law becomes more and more intense, also more and more widespread and thorough, for example: The Ma dandan event, SheXianglin in the event about the spiritual compensation question, has initiated the legal science expert and the ordinary populace's warm discussion, also has drawn out the revision country compensationmethod proposition. In this foundation, author from "NationalCompensation Law" turns over to the responsibility principle to embark links to our country reality, has the flaw in view of our countrycountry compensation law in, expresses seeing of the oneself for ourcountry country compensation method consummation. First, from the responsibility principle, the scope type, thecompensation procedure of the national compensation and so on to expose in the practice many unsatisfying places, and the writer realizes the national compensation system's inestimable impetus function which produces to individual rights and interests maintenance and the social civilization progress;then,it promulgates existence the insufficiency and the question. From turns over to the responsibility principle, the compensation scope, the compensation standard, in the compensation expense origin and the payment as well as the compensation law confirmation procedure five aspects carries on in detail analyzes,discovers the extant flaw, suggests the public facility violation,the spiritual harm, not bringing into line with as the violation the compensation scope, enhanceing the compensation standard, opening up the national compensation expense origin channel, the introduction insurance mechanism strengthens the compensation funds management as well as the utilization, the simplification defines compensation procedure, will provide the constructive opinion for the next national compensation method revision, will impel our country country compensation system the legal consummation,and thus will promote our country's socialist legal system's construction, soon will realize legally ruled nation.