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1995年1月1日正式实施的《中华人民共和国国家赔偿法》,被有关专家和学者称为“对宪法承诺的公民基本权利的兑现法”。不少专家学者至今仍清楚地记得当年的兴奋——这一法律的出台,在我国的民主法制实践中具有里程碑的意义。它保护公民、法人和其它组织的合法权益不受国家机关及其工作人员违法行为的侵犯,促进国家机关及其工作人员严格依法办事。然而,由于立法时客观条件的制约,这部法律存在着诸多不合理、不完善之处,致使受到损害
On January 1, 1995, the “State Compensation Law of the People’s Republic of China” officially implemented by relevant experts and scholars was referred to as the “Law on the Fundamentals of Citizens Committed by the Constitution”. Many experts and scholars still clearly remember the excitement of that year - the promulgation of this law has a milestone in the practice of our country’s democracy and legal system. It protects the lawful rights and interests of citizens, legal persons and other organizations from being violated by the state organs and their staff in violation of laws, and promotes the strict performance of state organs and their staff in accordance with the law. However, due to the restriction of objective conditions in legislation, there are many unreasonable and imperfect laws in this law, which result in the damage