A Comparative Study On The State Compensation Standard Between China And Korea

State compensation means that citizens, legal persons or other organizations have the right to seek compensations from the state, if the state organs and their officers abuse the power and violate their legal rights and interests and have caused damages thereof. The State compensation Standard, in fact, is the results in the sense of "the scope of national compensation", which is related to the vital interests of citizens directly, and is the important sign of whether the protection of human rights and legal construction is progressive or not. Though the bill of amendment---《National Compensational Law)) was passed on April29th,2010, which went through four deliberations in5years, our country’s State compensation Standard is still lower than other countries. During the period of social transformation in China, the phenomenon of government infringement happens increasingly because of the intensified function of state and the frequent operation of the public power. Therefore, with the development of democratic politics and the increase of the citizen’s legal awareness, it is an important mission for legislative body to improve State Compensation Standards and protect the legitimate interest of citizens.This paper mainly introduces the current State compensation standards and the contrastive analysis of the respective stipulations, including the concept and formula mode of State compensation standards, the different standards of some specific regulations related to the personal rights, property rights and others in China and Korea. This article aims at improving the system of compensation in our country by using State compensation standards of Korea for reference.This article consists of6parts and it will research the State Compensation Standards between China and Korea by comparative mode:The first part is an overview of the State compensation standards in which a briefly contrastive analysis is made by describing the differences of the theoretical knowledge, legislative style and formula mode of State compensation standards between China and Korea. The second part illustrates the design principles of State Compensation Standards and the reason analysis of the different regulations in China and Korea. In order to draw lessons this part generalizes the differences of the standards’design principles between China and Korea by showing the specific principles of compensation standards. The third part mainly describes the relevant regulations and the contrastive analysis of State compensation standards in China and Korea from the personal rights, property rights and others so as to find the respective advantages and disadvantages of these two countries. The fourth part summarizes the useful experience of Korea which our country can learn from. The fifth part expresses the advice to improve our country’s State Compensation Standards as well as legislative proposal. Finally, the thesis makes a brief conclusion about it.Whether state compensation system is advanced or not can reflect a country’s level of civilization. This paper hopes that from the comparative research of State Compensation Standards between China and Korea, China can learn the design philosophy of Korea so as to improve our State Compensation Standards and perfect our national compensation system.