On The Introduction Of Punitive State Compensation Standards

The National Compensation Law is about to be implemented for thirty years.In the new era,combined with the new situation of judicial practice,the national compensation standards should be raised.According to the legislative provisions of various countries around the world,national compensation standards are divided into three categories,among which compensatory compensation standards and punitive compensation standards will be the future legislative trends.However,the current compensation standards in our country are comforting,which is due to the low level of law enforcement and poor economic conditions during the drafting of China’s National Compensation Law in 1992.However,over the past thirty years,this compensation standard has gradually exposed some problems in practice,which indeed no longer meets the needs of China’s practical development.Chinese scholars and victims of many national compensation cases have called for the introduction of punitive compensation standards,because punitive compensation can curb the vicious infringement of public power,fully protect the legitimate rights and interests of the opposite party,promote the comprehensive rule of law in the new era,and promote the development of market economy.By referring to the existing provisions of the punitive damages system in China’s legal system and the legislative experience of countries such as the United States and the United States,the establishment of punitive national compensation standards in China needs to follow the basic principles of prudence,humility,and appropriate punishment,clearly define the constituent elements of punitive damages,control the amount of punitive damages,and pay attention to handling relevant issues in judicial application.From then on,it is envisaged to add an article to the National Compensation Law: If state organs and their staff intentionally infringe on the personal and property rights of citizens,legal persons,or other organizations in the exercise of their powers,and the circumstances are serious,they shall bear punitive damages,and the amount of punitive damages shall be determined based on the actual losses suffered by the rights holder,which is between one and three times the amount of the actual losses suffered.