State Compensation Law of the People''s Republic of China:An Introduction
翟建雄
【摘要】Abstract:
Since its establishment in France in the later portion of the 19th century, and particularly since the ending of the First World War, the legal system of state compensation has been adopted in many countries. Whether in the form of basic law, civil law, or case law, state compensation law has undergone significant expansion. On May 12, 1994, like other countries before it, China enacted the State Compensation Law. This article provides information on the legislative background and the content of what is China''s state compensation law
【关键词】state compensation
【全文】
Table of Content
Ⅰ. Legislative Background
Ⅱ. Content of China''s State Compensation Law
·Principle of Imputation
·Ingredient of Compensation Liability
·Claimant for Compensation
·Scope of Compensation
·Organ for Compensatory Obligations
°Organs for administrative compensation
°Organ for criminal compensation
·Procedure for Compensation
°Procedure for administrative compensation
°Procedure for criminal compensation
°Compensation commission
°Recovery of damage from state functionary
·Methods of Compensation and Calculation Standards
Ⅲ. Conclusion
Ⅰ. Legislative Background
When the People''s Republic of China was established in 1949, the state compensation system, as an important measure of protecting people''s democratic right, was included in the agenda of China''s socialist legal construction. The General Programme of the Chinese People''s Political Consultative Conference, which acted as the interim constitution formulated shortly after the new Chinese government was established, provided that people and organizations held the right to make procuratorial organ and judicial organ charges against any state organ or functionary for violations of law or dereliction of duty. This right confirmed the principle that the state organ and public functionary bore legal responsibility for their violations of the law. Further, it worked to lay the legal foundation for the establishment and development of China''s state compensation system.
On January 1954, the Government Administration Council (now State Council) of the Central People''s Government, promulgated the Interim Regulation of the People''s Republic of China Concerning Port Administration. The Twentieth article of this regulation allowed the port authority to arbitrarily prohibit ships from leaving the port. The regulation also provided that the ship owner has the right to bring a claim against the port authority in order to recover damages suffered from prohibition of leaving port. Furthermore, it preserved the owners right to enter into a lawsuit against the port authority for any such violations. This was the first administrative regulation pronouncing the law of state compensation liability, as well as the first such regulation to actually be put into practice.
On September 20, 1954, China promulgated its first Constitution. The document provided, in part, that citizens who suffered losses as a result of infringement upon civic rights, by a state functionary, maintained the right to compensation in accordance with the law. This too, was the first time that the Chinese state compensation and basic law were confirmed by an existing constitution.
