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以新修订的《国家赔偿法》为依据,紧密结合司法实践,对新法颁布后仍存在的包括“返还财产或者恢复原状”并未体现国家赔偿责任、侵犯公民人身自由赔偿标准较低、最高额限制不利个别特殊问题的解决、精神损害赔偿标准和方式不明确、间接损害赔偿范围较小等问题进行充分论证,认为这种制度设置造成被侵权人满意度低,协商型赔偿增加,违背了国家赔偿逐步向补偿性赔偿过渡的必然规律,并建议在恰当的时候进一步完善该法三十二至三十六条的相关规定。
With the newly revised State Compensation Law as the basis and in close connection with judicial practice, the compensation for the return of property or restitution after the promulgation of the new law did not reflect the state’s liability for compensation and the standard of indemnification for citizens who violated the personal freedom was relatively low, The maximum limit is not conducive to the solution of some special problems, the standard and mode of compensation for mental damages are not clear, and the scope of indirect damages is fairly small. The conclusion is that this system has caused the satisfaction of the infringer to be low and the compensation for negotiation increase. It is the inevitable law of state compensation gradually shifting to compensatory compensation and suggests that the relevant provisions of Articles 32 to 36 of the Law should be further perfected at the appropriate time.