On The Thought Of Perfecting The State Compensation Law Further

State compensation is that the country pay compensation to the citizen,legal person and other organizations according to the law when their rights are damaged by the state governments and their staff in the process of their exercising its functions and powers. It is the product of democracy and human rights movement in recent years. State compensation systems have been established in the world. Our state compensation law started very late. It finished the state compensation law on May18,1994, and began implementing it on Jan.1,1995. But this law has many loopholes and many points need to perfect. It is called "not compensate law".In April2010,the14th National People’s Congress standing committee meeting passed the state compensation law amendment,which is a significant changes to the1994state compensation law. Highlights:one is the change of the previous imputation principle, no longer with illegal principle as a single imputation principle. The state also compensate in spite of not violating law. The second highlight is that the scope of compensation has been expanded. The third is to modify the national compensation process. The application for state compensation must be confirmed by the organ of compensatory obligations according to the1994state compensation law. The state compensation amendment law canceled the regulation. The claimant may applicate compensation at the same time of administrative reconsideration or administrative litigation, which is to simplify the procedures, improve efficiency, and also make the application threshold lower.The fourth is to increase the compensation standard and adopt spiritual damage to the state compensation law. Article34add a rule to increase nursing cost when people’s health is infringed and to increase the nursing cost, the fee of disability life support, rehabilitation fees and the necessary expenses and necessary continuing treatment cost because of caused part or all of the loss of labor ability,. The prominent point of this amendment is mental damage into the national compensation law.The new "state compensation law" regulates:The organ for compensatory obligations shall eliminate the effect, restore reputation, make an apology when people’s spiritual damage is caused; For serious consequences, shall pay the corresponding spiritual damage compensation. The new national compensation law is a huge progress, it clear channel of asking for compensation, perfect the compensation procedures, expand the scope of the compensation and ensure the cost pay. But I think the state compensation law still have some points to perfect through reading many books indoors and abroad, adding my personal suggestions to the state compensation law system. The paper designing framework is:firstly, review the origin of the state compensation law and the history and development of China’s state compensation law; secondly,analyze our state compensation law and find the shortcomings; at last some proposals are put forward to further perfecting our national compensation law. For example further to broad the scope of national compensation;Change the settings of the compensation commission,how to raise the fund for national compensation. The aim of my writing this paper is in hope that the compensation law is more convenient to get the compensation fund so to promote our country’s legal system development.