State Compensation Insurance System

In recent years,after the cases that public servants violate against laws and rules in executing their rights and then encroach on associated parties as a result are exposed by the increasingly developed network media,the problems such as whether the legal rights and interests of the infringed associated parties and corresponding compensations appear as social focuses.The formulation of Compensation Law of the People's Republic of China(hereinafter referred to as State compensation Law)provides solutions to the above problems.The execution of the law can ensure the legal rights and interests of civilians,legal persons and other organizations.Moreover,it can monitor national institutes and staff members to exercise their rights legally.Thus,whether State compensation Law can be effectively executed has aroused discussions and focuses in public and academic field.The present problem that the state compensation regulation can hardly be executed mainly lies in the deficiency of the state compensation fund operation mode.Although National Approaches to Compensation Fee Management stipulates that the current state compensation fees are listed into the financial budget in government at each level,financial department at each level is in charge of fund allocation.However,the imbalanced economic growth in different regions in our country results in the variation in financial income in each area.Furthermore,there are no rigid restrictions in National Approaches to Compensation Fee Management.As a consequence,some areas with low financial income do not list the state compensation fees as separate budget,or state compensation fees cannot be allocated due to financial problems.Furthermore,the organization with compensation obligation first pays for the compensation on behalf and then applies the financial department at the same level for fund allocation.In this way,the national organization may not apply for state compensation for the sake of making achievements.For this reason,state compensation cannot be executed.For individuals,their legal rights and interests cannot be effectively ensured.For the whole society,it will reduce national organizations' public credibility.Apart from this,with the advancement of law-based governance,the construction of laws is perfected gradually.The masses' awareness of human rights is significantly enhanced.State compensation applications also multiply day by day.The probability of state compensation risks also surges.Since 1995 when State compensation Law was implemented,over 140,000 compensation cases have been handled during about 20 years.Over 125,000 cases have been settled.In 2013,National Court received 2,050 state compensation cases and settled 2,045 cases.The compensation amount totaled up to 87.35 million Yuan.In 2015,National Court settled 5,439 state compensation cases.The compensation amount totaled up to 240 million Yuan.During only two years,the number of state compensation cases and amount of compensation both doubled.If the administrative and judicial organizations suffer from more compensation risks,it will intensify regional financial burdens and do harm to the economic growth.Furthermore,for administrative and judicial organizations at each level,because the obligatory organization has to pay for the compensation on behalf first and then apply the financial department at the same level for fund allocation,the situation that the project fund in its own plan is distributed.For state compensation risks,the current national administrative and judicial organizations do not set up the system that scatters state compensation risks.Therefore,for the above outstanding problems,the paper attempts to set up a feasible system to solve the above problems from the perspectives,including solving the deficiencies in state compensation fund operation,relieving national financial burdens,ensuring the legal rights and interests of the third party with national infringement and scattering national organization's compensation risks.Moreover,the insurance system can transfer risks,scatter risks,maintain stable and orderly social development.In addition,with economic growth in society,insurance has penetrated into multiple areas and become an important pillar in social guarantee system.The system has come to maturity.The main entities on the insurance market increase continuously and are perfected.The market pattern of fair competition has been formed.On this basis,the author tries to construct state compensation insurance system based on the functions of the insurance system and combining with state compensation system.According to laws and regulations,each organization with compensation obligation buys insurance in insurance company.When state compensation occurs,the person in request of compensation should apply corresponding insurance company for compensations in the scope of insurance undertaking in accordance with Letter of Compensation Decision.Concentrating on the problem of setting up state compensation insurance system,the paper elaborates on it in four parts.The first part introduces the concept,connotation and basic theory of state compensation to lay a foundation for the establishment of state compensation insurance system.Moreover,on the basis of the current situation of the implementation of State Compensation Law,the paper reveals the existence of state compensation risks and the problem of state compensation fund.Finally,the author proposes the idea of setting up state compensation insurance system.The second part elaborates on the choice of forms of state compensation insurance and the connotations so as to demarcate state compensation laws.In addition,this part introduces the innovation of state compensation insurance in the field of insurance and its functions.The third part expounds on the necessity and feasibility of setting up state compensation insurance system.The fourth part carries out a specific design of state compensation insurance system,clarifies the entities in the law relationship and set the insurance rules.