2004Journal of Northeastern UniversityRequires access

Exploration of Scope of the State Compensation Law

Shan Liu

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Abstract

The State Compensation Law has been enforced up to now since January 1, 1995. Although the law formed basically an embryo of China's state compensation system, there have been frequent controversies about its applicable scope in judicial practice. Along with more and more cases related to the state compensation. So, it is of significance to redefine the scope of China's state compensation. With the status quo taken into consideration, the scope of China's State Compensation is discussed in detail,and its existing defects are found further. Some suggestions are thus put forward, including the compensation by legislation branch and military departments and compensation due to mental damage. They should be brought into the scope of the state compensation. With the necessity and feasibility demonstrated.

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What this paper is about

The State Compensation Law has been enforced up to now since January 1, 1995. Although the law formed basically an embryo of China's state compensation system, there have been frequent controversies about its applicable scope in judicial practice. Along with more and more cases related to the state compensation. So, it is of significance to redefine the scope of China's state compensation. With the status quo taken into consideration, the scope of China's State Compensation is discussed in detail,and its existing defects are found further. Some suggestions are thus put forward, including the compensation by legislation branch and military departments and compensation due to mental damage. They should be brought into the scope of the state compensation. With the necessity and feasibility demonstrated.

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Available abstract

The State Compensation Law has been enforced up to now since January 1, 1995. Although the law formed basically an embryo of China's state compensation system, there have been frequent controversies about its applicable scope in judicial practice. Along with more and more cases related to the state compensation. So, it is of significance to redefine the scope of China's state compensation. With the status quo taken into consideration, the scope of China's State Compensation is discussed in detail,and its existing defects are found further. Some suggestions are thus put forward, including the compensation by legislation branch and military departments and compensation due to mental damage. They should be brought into the scope of the state compensation. With the necessity and feasibility demonstrated.

Key concepts: Scope (computer science), Compensation (psychology), Status quo, Legislation, China, State (computer science), Law, Business

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