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颁布实施了10年的《国家赔偿法》目前已列入全国人大法律修改规划。最高人民法院副院长曹建明介绍,从1995年1月1日国家赔偿法实施至2003 年年底,全国法院共受理人民法院作为赔偿义务机关的赔偿案件以及人民法院赔偿委员会依法审理的国家赔偿案件共15867件, 审结15315件,其中决定赔偿的案件5442 件,占全部受理案件的1/3。但同时,《国家赔偿法》实施10年来也暴露了诸多不尽如人意之处。对国家赔偿该确认的不确认、该赔的不赔、该执行的不执行等现象时有发生。除了国家法治环境尚不完善,公民、法人及赔偿义务机关法治意识不高等原因外,国家赔偿法本身的缺陷是直
The 10-year “National Compensation Law” promulgated and implemented has now been included in the NPC Law Reform Plan. Cao Jianming, the vice president of the Supreme People’s Court, introduced that from January 1, 1995, when the state compensation law was implemented to the end of 2003, courts nationwide accepted the compensation cases handled by the people’s court as the organs of compensation obligation and the state compensation cases handled by the compensation committee of the people’s court according to law A total of 15,867 cases were concluded with a total of 15,315 cases, of which 5442 cases were decided for compensation, accounting for one third of the total cases accepted. However, at the same time, the implementation of the “State Compensation Law” has exposed many unsatisfactory aspects in the past 10 years. Compensation for the confirmation of the state does not confirm that the compensation is not lost, the implementation of the implementation of such phenomena have occurred. In addition to the imperfect state of the country under the rule of law and citizens, legal persons and organs of indemnity for their lack of awareness of the rule of law, the defect of the State compensation law itself is that it is straightforward