National tens of thousands of "milk" in the families of the victims through the sadness after the first, then they have to face a tough battle - from the company Sanlu issues such as powdered milk manufacturers for compensation.
More and more people began to question the scandal has been completely destroyed San Lu's brand in the market if there is the possibility of survival. In the face of possible future wave of civil compensation lawsuit, the San Lu tangible assets remaining to what geometry?
At the same time, some people have begun to concern when the San Lu's assets are not sufficient to cover the families of the victims compensation, the Government should take responsibility for what?
This issue must be "state compensation law" to answer.
In April this year, according to the National People's Congress Standing Committee to determine the 2008 legislative work plan in October for the Fifth Session of the 11th NPC Standing Committee meeting will be considered "state compensation law" to amend the draft.
Jiang Mingan, a professor of Beijing University Law School, told this newspaper, for the executive as a result of non-citizens the right to personal property damage, whether the executive should take responsibility for state compensation, the current "state compensation law" does not clearly defined. From past experience to determine if the issue of milk powder to the families of the victims on the grounds of inadequate supervision by the relevant departments to apply for state compensation, most likely to be rejected.
"But I hope that the State Compensation Law to amend the time to clarify this point, as far as government inaction, should also be included in the scope of the State Compensation." Jiang Mingan "Sanlu" formula as an example, if unable to pay compensation for San Lu Group , The families of the victims will be able to request state compensation to the departments concerned. Here, the State Compensation played a "compensatory".
"State Compensation Law" is about to face in 1994 after the passage of the first "overhaul." Over the past 14 years, the law has been the social evaluation is not high, even by the "State law does not pay" a mockery.
An understanding of the law of the legislative process, informed sources told reporters that "the State Compensation Law" to amend the main focus is to improve the compensation standards, expanding the scope of compensation, and to increase compensation to a fair and public process. "But overall, the revised expectations from the outside world still exists a certain gap."
"The worst effect of the implementation of the law"
In 2005, was held in Beijing to commemorate a "state compensation law," the 10th anniversary of the implementation of the forum. Meeting a professor of law under their own judgments: "In the implementation of the State Compensation Law of 10 years, we have learned much more experience. I think," State Compensation Law "is the least of the implementation of the law One. "
"State Compensation Law" Since then, labeled the "worst implementation of the law" label. It has almost become a consensus. The little extreme judge in the real world has not been too strong to justify.
Administrative law experts, have taken part in "State Compensation Law" and the drafting of the revised China University of Political Science and vice president of the Ma Huaide to our reporter revealed that a group of related data.
From January 1, 1995 to the end of 2004, Beijing accepted the ruling and state compensation cases for 89, a total amount of 2,190,000 yuan, "a huge Beijing, 10 cases more than 89, from country to country Violations caused by the loss of far more than 2,190,000 yuan. "Ma Huaide such comments.
Over the same period, procuratorial organs handled a total of 7823 such cases, the decision to pay compensation of 3167, the amount of 58,195,300, an average of more than 300 a year, each of the 10 provinces. Court handled a total of more than 15,867 cases, the decision to pay compensation of 5442, an average of 540 per province 18.
Harbin's Sun Guihua, Deputy Attorney-General summed up the view that the State Compensation "high threshold, low standards, the narrow scope", it was often difficult for people to enter national judicial proceedings for compensation.
Sun Guihua also the 11th National People's Congress. In last year's two sessions, Sun Guihua to the National People's Congress to amend "the State Compensation Law".
In recent years, in the face of ineffective implementation of the "State Compensation Law", on behalf of the National People's Congress to amend the law to the recommendations of an endless stream. In 2003, Hao Jin-ming of the CPPCC National Committee members to submit proposals to amend the proposal, "State Compensation Law"; in 2004, members of the CPPCC National Committee Li Daomin submit proposals; in 2005, the CPPCC National Committee member Chen Zhilun to submit proposals.
In 2005, one week there were 13 amendments to the State Compensation Law of motion served on the joint motion of the Committee of the NPC. To participate in a joint motion on behalf of the National People's Congress there were as many as 500, or when the NPC session on behalf of the nearly one-fifth of the total number.
"State Compensation Law" is obviously inadequate in the law school is a consensus. At the same time, but also note that many experts have stressed that the law of the development of China's democratic process and the rule of law.
"It's a landmark. Because it is the first time in the form of special provisions of national law with the same individual, it is necessary to conduct their own legal liability, and improve the state system of legal responsibility." Ma Huaide stressed.
Improve the standard of compensation
A well-informed sources, "the State Compensation Law," the standard compensation provided for in this revision will be improved.
Under the current "state compensation law," violation of personal freedom of citizens, the daily compensation in accordance with the country's annual average daily wage workers.
In 2004, took place in Henan along the famous "Weigou murder" case, the high steel as a "Weigou murder suspect" was held 677 days. After that, high steel was acquitted. He later received compensation for the extended detention is based on the daily average of 55.93 yuan of compensation standards.
In a more serious case, the only compensation or even a dollar a day.
Harbin City, Heilongjiang Province, railway workers SHI Yan-sheng as a result of "looting" was sentenced to death for a two-year reprieve, his mother, and so cover up the crime were sentenced to 3, was proved to be a gross miscarriage of justice. They 7, a 5101 days in custody, and compensation are only 6,000 yuan a day of freedom at a discount to more than one dollar.
The controversy surrounding the law also includes a lot of problems, the state's tort victims can not get compensation for moral damage, as well as the original provisions of the standard of compensation is too low.
An extreme case occurred in 2001, the famous "virgin sex case."
Ma Dandan case the victim will be followed by Jingyang Xianyang Public Security Bureau and the Municipal Public Security Bureau to court, claiming damages the spirit of 5,000,000 yuan. Finally, Ma Dandan was 74.66 yuan, as illegal restriction of personal freedom for two days in damages.
The academic community has been strongly advocated the spirit of the damages as compensation for the contents of one of the country. "Damages the spirit of the victims to give more countries to express their condemnation of the infringement, to console the souls of the victims in order to correct the improper acts of state administration." Ma Huaide said.
In the National School of Administration, Professor Ying Songnian view, does not provide for compensation for moral damage "the State Compensation Law a major flaw." "In a sense, in fact, the spirit of the damage more serious than the actual damage. Ma Dandan in how much mental damage, damage to the spirit of family, it is difficult to buy. But this Things more than once. Therefore, if we still do not increase the spirit of the terms of compensation, it really can not explain. "
An understanding of the legislative process have revealed that damages the spirit of the "expected" to enter "the State Compensation Law."
Ma Huaide said, "the State Compensation Law" was enacted 14 years ago, at the time that the abide by the "Tianpingbuqi" the principle of compensation, the amount of less-expensive, but a unified national standard to follow, leading in both the developed coastal areas, or, Land area, all using the same standard of compensation.
"Tianpingbuqi" standard, also known as "compensatory" the principle of compensation. The outside world has always advocated the "State Compensation Law" in a "punitive" damages standard.
The current method for calculating compensation for the "custody and a day" compensation "day" on the country's annual average daily wage workers. Ma Huaide explained that if the "custody and a day" compensation "two days" over the workers on the average wage, then only in line with the "punitive" damages the principle of the definition.
"In fact, we are now qualified to raise the compensation amount. In recent years, as China's economic development, governments at all levels of the financial situation has been greatly improved, has the ability to provide more compensation." Ma Huaide said.
A well-informed sources, "the State Compensation Law" in the revision would not be a "punitive" made it clear that the standard of compensation, but the actual requirement will increase the compensation standards. "But the range of distance there is a gap between the expectations of the outside world."
According to the current "Law on State Compensation," compensation for death, does not distinguish between urban residents and rural residents, according to the reunification of the "national year on the average annual wage workers" to determine the basic standard is a step forward, but it was not clear , The Supreme People's Court's judicial interpretation in the light of "the State Compensation Law," the above-mentioned provisions, however, urban residents and rural residents a clear distinction between. Created a "life with different
