동아시아 체제전환국에서의 국가배상법 제정 동향과 향후 전망

• 영문명: A Study on the Legislation Trends and Prospect of the State Compensation Act in the Transition Countries in East Asia: In case of PRC
• 발행기관: 충북대학교 법학연구소
• 저자명: 배덕현(Bae Duk hyoun)
• 간행물 정보: 『법학연구』第27卷 第2號, 441~480쪽, 전체 40쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.12.30

영문 초록

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.

목차

Ⅰ. 들어가며

Ⅱ. 연혁 및 법적근거와 성질

Ⅲ. 국가배상법의 주요내용

Ⅳ. 결론 - 평가 및 전망

참고문헌

Abstract

키워드

중국 국가보상법 법의 지배 법치행정 체제전환 China State Compensation Law Transition Country Rule of law Administration by law