Issues Of China's State Compensation Program

Promulgated in 1994, altered several times through the four-year revision process, China's State Compensation Law will be formally implemented on December 1, 2010.which has played a huge positive effect to guarantee citizens' rights of the constitution and supervises state administrative departments and judicial organs and their staff to exercise its powers. However, in practice, there are substantial defects on such as the review procedures, the compensation committee decision-making process and the hearing procedures; there is no implementation of the procedures either.The insufficiency and defects of the legislation brings many problems, for instance, the trial is not open, it is difficult to obtain compensation in the judicial practice and so on., which not only severely restricted and impacted the implementation of the State Compensation Law but also greatly diminished the citizens'trust to the government institutions and their staff, and even damage the expectations and confidence of the citizens to establish the national compensation system.In order to effectively protect the right to obtain compensation and promote our national compensation system I believe that the following aspects should improve the national compensation program:Firstly, improving the administrative process first; Secondly, ser down round and specific provisions hearing procedures; Thirdly, changing the decision variable compensation program into judicial proceedings; Fourthly, setting state compensation in the Chamber within the Court; Fifthly, giving the people's court the right to towards.