동아시아 체제전환국에서의 국가배상법 제정 동향과 향후 전망

A Study on the Legislation Trends and Prospect of the State Compensation Act in the Transition Countries in East Asia: In case of PRC

Since Reforming and opening up in 1979, China has made efforts to improve the legal system to guarantee the rights and property of the citizen by promoting the transition to a market economy system. In particular, in 1995 Law of the People s Republic of China on State Compensation , hereinafter referred to as the State Compensation law , has been enacted. It has been recognized as a significant contributor to the protection of citizen s rights and property over the past two decades. However, despite these positive evaluations, the current “State Compensation Law” seems to have the following limitations. First, the scope of the State compensation liability is still narrow, so the protection of the basic rights of the people is not faithful to the original role of “State Compensation Law”. Second, the procedure for claiming State compensation is too complicated, which lowers citizen s access to state compensation systems. Third, the compensation is not still enough, and it is not meeting the expectation of the people claiming State compensation. In 2014, Chinese president Xi Jinping emphasized the ‘pushing forward rule of law’ and ‘administration by law’ as one of the key national strategies to cope with the upcoming New Normal era. Depending on the strong commitment of the Chinese government, “State Compensation Law” will be expected to improve further in the direction of protecting basic rights.