Research On The System Of Supervision Compensation

The introduction of the Supervision Law means that the supervision system with Chinese characteristics has been initially established,and the Supervision Law gives the supervisory organ a strong supervisory power,and when the supervisory organ supervises,investigates or disposes of the subject under supervision,the official act causes damage to the legitimate rights and interests of citizens,legal persons or other organizations,and shall be liable for compensation.Article 67 of the Supervision Law provides for the principle of compensation for damage to the legitimate rights and interests of the subjects of the supervisory organ’s official acts,but its provisions are not specific enough,and how to implement the supervision compensation needs to be improved.While strengthening the supervision of public officials,the supervision system should also strengthen the protection of the rights and interests of the subjects of supervision,which is the proper meaning of building a country ruled by law.In the process of deepening the reform of the supervision system in an all-round way,it is of great significance to explore the construction path of the supervision compensation system and optimize the system design of the supervision and compensation system,which is of great significance for the supervisory and supervisory organs to standardize the exercise of the supervisory power and improve the system of monitoring the legal system and the national compensation system.This paper mainly studies the construction of the supervision compensation system in four chapters,and the first chapter expounds the mainly theoretical basis of supervision compensation.First expounds the attributes of supervision compensation from the concept,nature and function of supervision compensation,and determines that the supervision compensation is a new and independent type of state compensation different from administrative compensation and criminal compensation by demonstrating the nature of the right to supervise.Secondly,from the point of view of theoretical basis and legislative basis,this paper demonstrates the basis of establishing the system of supervision compensation,and the second part discusses the interface between the system of supervision compensation and the Law on State Compensation,and considers that the advantages and disadvantages of comparing the three legislative paths of "simple integration","differentiation and integration" and "separate construction" are analyzed The way of "separate construction" establishes the characteristics of the supervisory compensation system,which not only reflects the legislative intention of supervision compensation,but also helps to safeguard the independent status granted by the Constitution to the supervisory organs in parallel with the administrative organs and judicial organs.The third and fourth parts put forward the legislative proposals for the construction of the national supervisory compensation system along the way of the reformation,the main contents of which include the principle of attribution and the scope of compensation for monitoring compensation,and from the determination of the scope of the subject of supervision compensation claimants and compensation obligations,the supervisory committee,as the review organ of supervision compensation and the jurisdiction of the monitoring compensation cases,put forward and demonstrated the legislative proposals for the construction of the national supervision compensation procedure.