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鉴于现有的国家赔偿确认程序设计复杂但实效性不高,存在国家赔偿的自为确认程序违反程序正义原则、赔偿确认程序缺乏详细的规则设计、人民法院非刑事赔偿案件的具体确认机关不明确、违法赔偿确认程序缺乏有效的救济途径等诸多问题,建议在进行国家赔偿法修订时将现行赔偿义务机关先行确定的强制性规定,修改为赔偿双方可以先行协商处理,协商不成的可以直接诉诸法院,违法确认与赔偿判决统一由法院在诉讼中一并进行,法院既有查清案件事实的责任,也有依法判决的义务。
In view of the complicated design procedure of the national compensation confirmation but the low effectiveness, the self-confirmation procedure of state compensation violates the principle of procedural justice, and the compensation confirmation procedure lacks detailed rules design. The specific confirmation organ of non-criminal compensation cases of the people’s court is not clear , The lack of an effective remedy for the confirmation of the procedure of compensation for compensation, and many other issues. It is suggested that the amendment of the State Compensation Law should amend the mandatory provisions first determined by the organ in charge of compensation to be compensated. The courts, the unlawful confirmation and the reparation of judgments of reunification are carried out jointly by the court in litigation. The court has both the responsibility of ascertaining the facts of the case and the obligation of judging according to law.