论文部分内容阅读
国家赔偿法颁布10年来,理论界、实务界对赔偿决定程序问题鲜有研究。笔者作为专司国家赔偿审判的法官,在实证研究的基础上对决定程序的性质、应当遵循的基本原则和决定程序的基本构造等问题进行了思考,并在实践中进行了大胆探索,起草了相关规范性文件,经江苏省高级人民法院院审判委员会讨论通过并已付诸实施。其中,对决定程序的审理方式和赔偿决定的执行等重大问题,在不违反现行法律、法规和司法解释规定的前提下进行了改革,经过实践取得了良好的效果。
In the 10 years since the State Compensation Law was promulgated, there are few studies on the procedure of the procedure for determining compensation in theorists and practitioners. On the basis of empirical research, the author, as the judge specializing in the national compensation trial, has made some considerations on the nature of the decision procedure, the basic principles that should be followed and the basic construction of the decision procedure, and boldly explored and drafted in practice Relevant normative documents were discussed and approved by the Judicial Committee of the Higher People’s Court of Jiangsu Province and put into effect. Among them, major issues such as the way of determining the procedure and the enforcement of the compensation decision have been reformed without violating the existing laws, regulations and judicial interpretations, and have achieved good results through their practice.