Research on the Implementation Procedures of the State Compensation Law

Author: Xu Jingcun
Publisher:
Publish Date: 2000-06-01
Features: The formulation and promulgation of China's "State Compensation Law" represent a significant achievement in the development of democracy and the rule of law in our country. Imagine a nation deeply influenced by thousands of years of bureaucratic-centric history, where a sudden shift in mindset is achieved and legally enshrined—regardless of whether administrative or judicial organs exercise their powers in violation of the law, causing damage to the legitimate rights and interests of citizens, legal persons, or other organizations, the injured parties have the right to demand compensation from the violating organs. This legal provision not only serves as a constraint and motivation for the government to govern according to law and for judicial organs to handle cases according to law, but more importantly, it reflects the equal status between state organs and other social entities before the law. Therefore, the birth of this law undoubtedly marks a major progress in China's journey toward the rule of law and the protection of human rights. However, the obvious defect of this law lies in the relatively vague provisions on compensation procedures, which are difficult to operate in practice. As a result, the implementation of the Compensation Law has fallen short of expectations, failing to achieve the intended effects of the legislation.