Focusing On The New Version Of The State Compensation Law: The Compensation Procedure Has Gradually Become A Bright Spot.

In December 1st, the revised " state compensation law This is the first revision of the law since its implementation in 1995.

According to the data from the Supreme Court, from the implementation of law to October this year, the national court accepted 97725 cases of state compensation, and concluded 89123 cases, with a closing rate of 91.20%. The expert evaluation method has played a positive role in the process of legalization of the state.

At the same time, there are some problems in the implementation of the state compensation law, for example, Compensation procedure The principle of comparison is right. Compensation obligation There are not enough organs, and some agencies are not allowed to compensate for any cases that should be compensated. These problems prevent the claimant from obtaining state compensation in a timely and effective manner.

The responsible person of the Standing Committee of the National People's Congress of the Standing Committee of the law said that the amendment is aimed at the most prominent and urgent problems in the implementation of the law, mainly focusing on improving the compensation procedures and the smooth compensation channels, taking into account other issues.

The compensation obligation organ has to reply to the applicant for two months.

"If citizens apply for state compensation, even if the procedures of state compensation can not enter, it is difficult to talk about the protection of their rights." Improving the procedure of state compensation is considered to be a highlight in the revision of the state compensation law. Wu Zeng, deputy director of the state law office of the Standing Committee of the National People's Congress, said that the original state compensation law stipulates that citizens, legal persons and other organizations should apply for compensation for the state when they apply for state compensation. If the compensation obligation organ fails to confirm, the applicant can only appeal to the state organ at the next higher level. Earlier, in practice, there were some cases of delay in the claim for compensation, no confirmation, or partial confirmation or partial confirmation. In disguised form, it deprived the Party of the right to claim compensation.

In the process of revision, in order to make the compensation request more open, the new law made a stipulation that the claimant made a claim for compensation first to the organ liable for compensation, and the compensation organ should make a compensation decision within two months. If no decision is made in accordance with the statutory time limit, or if the parties have any objection to the decision of compensation made, the state organ at the next higher level may make reconsideration. If the result of the reconsideration is dissatisfied, it may also make a claim for compensation to the compensation committee of the people's court. Such a stipulation safeguards the right of relief of the claimant from procedure.

The compensation organs of materials should be informed once and for all.

The revision of the state compensation law has always been accompanied by a high degree of "eyeball rate". Wang Guangtao said: "the state compensation law is a matter of concern to all. What do you care about? That is, the issue of administrative power. Administrative power should be regulated. This is not only to standardize the exercise of power, but also to exercise it in accordance with the law, and, more importantly, the damage caused by administrative power failure."

An effective way to regulate the power of public servants is to improve the operation procedures. The revision of the state compensation law has made efforts in this respect, and has also stipulated the "details" of many procedures, thus narrowing the space for power to carry out discretionary discretion.

For example, the new law stipulates that the organ responsible for compensation shall produce written evidence that seals the official administrative organ and specifies the date of receipt. If the application materials are not complete, the compensation organ shall inform the claimant in a single day or within five days all the contents of the compensation.

Wu said that this makes the starting point of the compensation period very clear, and it can eliminate the situation that the compensation obligation authorities delay the time limit for compensation.

Compensation for mental injury is included in the scope of state compensation.

The original state compensation law did not specify compensation for mental damage. In practice, many compensatory claimants claim compensation organs to pay compensation for mental damages, but the compensation for mental injury is not included in the scope of state compensation and can not be supported.

Considering that the state organs and their staff violate the rights of personal freedom and life and health of citizens illegally, they will also cause mental damage to the victims. The revised state compensation law for the first time has clearly stipulated the situation of mental damage compensation.

Wu Zeng said that in the civil compensation, our country has already established the mental damage compensation system. In the process of state compensation, victims are also entitled to compensation after mental damage. This amendment stipulates that, for violations of personal freedom, mental compensation for damage to human beings should be eliminated, reputation and apology should be eliminated, and mental damages should be paid for causing serious consequences.

In the process of amending the law, the Supreme People's Procuratorate and the Ministry of Railways proposed that the compensation for mental damages should be included in the scope of state compensation. This is a major breakthrough in the revision of the state compensation law, reflecting the progress of the rule of law and respect for civil rights. However, these departments also suggested that the establishment of mental damage compensation system should be supplemented by corresponding supporting mechanisms so as to effectively soothe those who are really mentally injured. It is suggested that specific criteria for "causing serious consequences" and mental injury solatium and whether there should be a lower or upper limit of solatium should be clearly stipulated so as to enhance the operability of the law.