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《中华人民共和国国家赔偿法》的颁布与实施是我国法制建设的一件大事,对于保障公民、法人和其他组织的合法权益,监督和规范国家机关特别是司法、执法机关及其工作人员正确适用法律,依法办事等都具有极其重要且不可替代的作用。但是,从国家赔偿法实施这几年来的情况看,这部法律在立法时基于一些局限和误区,造成了这部法律在执行过程中并没有达到立法者对于其寄予的厚望,同时使得执行这部法律难度很大。
The promulgation and implementation of the “Law of the People’s Republic of China on State Compensation” is a major issue in the legal construction of our country. It is of great importance in safeguarding the lawful rights and interests of citizens, legal persons and other organizations, in supervising and regulating the correct application of state organs, especially judicial and law enforcement agencies and their staff Law, law-abiding and so on are extremely important and irreplaceable role. However, judging from the situation in the past few years since the implementation of the State Compensation Law, this law was based on some limitations and misunderstandings in the legislation. As a result, this law did not reach the expectations of lawmakers in its implementation and at the same time, Ministry of law is very difficult.