And the actual loss has occurred. Finally, consider compensation for wrongful imprisonment separate legislation, that is, outside the State Compensation Law, compensation for miscarriage of justice according to the characteristics, the development of a separate criminal compensation law, in response to the current criminal compensation, compensation for a miscarriage of justice all kinds of problems encountered and State compensation inconsistent. I argue that the State Compensation weaken accountability, strengthen the relief function, the State Compensation Law become a real relief law, rather than simply accountability law. And the State Compensation to become a real state compensation, rather than sectoral compensation, not a specific judicial sector responsibilities and obligations. State Compensation legislative amendments should now find the standard breakthrough Chen Jie (deputy director of the Office of the Supreme People's Compensation Committee) national compensation, the scope of the problem, as a judge feel very much. Legislation of the State Compensation Law, the era is limited, even after two changes, with many improvements. But still with the economic and social development there is a certain distance. So now we can see that there is a contradiction between a lot of request for compensation and legal provisions. Judges must respect the law, such as the concept of direct compensation for loss of property, the constraint is particularly great. Direct damages, does not make up for the loss of property the entire time. When advantageous principles and the rule of reason conflict, I prefer rationality, less inclined beneficial principles. Speak compensation from the civil law point of view, as long as reasonable to talk about some of the civil compensation law, so long as such claims can be supported. So cease losses between real Ought, find some rationality breach, hoping to better reflect 'the State Compensation Law is relief.' Miscarriage of justice compensation measures is also a problem, there is a huge conflict between the parties and the demands of the law. It should gradually improve legal standards. State Compensation has now far exceeded the civil standard of compensation, which is a consensus. It is not a mechanism to fill, just a comfort mechanism. Over the past decade more breakthroughs required standards, now gradually standardized. Act as a judge must be legal, legal rigidity, to do a proper legal discrepancy between the real Ought, not against the law, but also to find better relief to victims
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