National Compensation Law: Main Points

Author: Liu Siyuan
Publisher:
Publish Date: 2005-06-01
Features: This book approaches the relationship between state power and citizens' rights, based on the provisions of the "State Compensation Law," to systematically elaborate on the fundamental principles of the State Compensation Law. It provides a specific analysis of administrative compensation and judicial compensation, making beneficial explorations in combining theoretical research with normative analysis and integrating knowledge with inspiration. The book is divided into three parts:
Part I: General Principles. This part first explains the meaning, characteristics, nature, and role of state compensation and the State Compensation Law, summarizing and reviewing the origins and development trends of the State Compensation Law. Second, it analyzes the principles of liability and constitutive elements of state compensation, the scope of state compensation, the methods and calculation standards of state compensation, the sources and supervision of state compensation expenses. Third, it discusses the timeliness of state compensation and the effectiveness of the State Compensation Law, distinguishing between timeliness and effectiveness and emphasizing that the State Compensation Law should be effective. Finally, it connects state recovery with state compensation, arguing the necessity and significance of the state recovery system, and analyzing the conditions and operational processes of administrative recovery and judicial recovery.
Part II: Administrative Compensation. This part elaborates on the basic content of administrative compensation, including its concept, characteristics, principles of liability, constitutive elements, and its role in the State Compensation Law. It explains the scope of administrative compensation, the claimants and compensatory authorities in administrative compensation, and the procedures for administrative compensation, while also highlighting and exploring some existing issues.
Part III: Judicial Compensation. This part explains the basic content of judicial compensation, including its concept, characteristics, principles of liability, and constitutive elements. It argues the significance of establishing a judicial compensation system for democratic political development and human rights protection. It explains the scope of judicial compensation, the claimants and compensatory authorities in judicial compensation. Furthermore, starting from the general principles of procedural justice, it provides a normative analysis and theoretical research on judicial compensation procedures.