To Improve and Develop the State Compensation System:A Review of Literature on Relief of Civil Rights and Coordination of State Compensation and State Recovery

The existing Law of the People's Republic of China on State Compensation could be amended to perfect the state compensation system. But a better way would be to make a new law on state compensation. The new law should coordinate the compensation system and the recovery system and emphasize the significance of relief of civil rights through state recovery. For this purpose,the new law should expand the scope of state compensation appropriately,critically review and establish the imputation system wherein law-breaking principle serves as the general principle while the consequence liability principle serves as the exception principle. At the same time,a mental compensation system should be established to deal with mental damage by the violation of civil rights by the state. The new law should also improve the procedural system and safeguard the legitimacy and the effectiveness of the safeguard mechanisms.