Executive compensation and the relationship and difference between judicial compensation

Judicial compensation in the exercise of judicial authority and its staff during the infringement of citizens, legal persons or other organizations of the legitimate rights and interests of the damage caused by the liability of the State. Reparation executive compensation and Justice belong to state compensation, is consistent with many aspects of such as the scope of damages, calculation standards, compensation and other subject, but there are many differences between the two, in:
1, the main body of the implementation of the different violations. In executive compensation, the implementation of the main body of violations of national administrative organs and their staff, including Laws and regulations authorized by the organization and its staff, the organization entrusted with its public servants and the fact that the civil servants. in judicial compensation, the implementation of the main body of tort is performing judicial functions of state organs and their staff, including the public security organs, state security organs and the military security department, the state prosecution, the state judicial, prison authorities and the authority staff.

2, the implementation of the violations at different times. Administrative violations in the administration process, the administrative organs and their staff in the implementation process of the exercise of authority. And Justice violations occurred in the judicial activities, to the judiciary and its work officers in criminal proceedings, the right of the illegal exercise of investigative, prosecutorial power, judicial, prison management and in civil and administrative trial, the people's court to take coercive measures, security measures and the implementation of measures for the constituent elements.

3, the recovery of the different conditions. Whether in the executive compensation or in the implementation of recovery in both the judicial system of compensation, the compensation obligation of authorities in the performance of the obligation of reparation, you can order the responsible persons to bear part or all of the damages. However, the State Compensation Law conditions of recovery were made between the different rules. The Chief of recovery from the condition that the executive authorities and their staff in the exercise of powers in the process of intentional or gross negligence, this standard has a significant subjective. judicial recourse, including three cases : First to the judiciary staff assaults, torture or acts of violence or instigating acts of violence such as assault causing bodily injury to or death of citizens, and second, the illegal use of weapons, police equipment causing bodily injury to or death of citizens, the three are the handling of cases of embezzlement, bribery, corruption, capricious and arbitrary behavior. In comparison, the scope of judicial recourse than to narrow the scope of administrative recourse. State Compensation Law by the distinction, mainly because of the judiciary and their staff face The situation is more complicated, the Law provides for greater discretion, judicial officers found the existence of subjective intent or gross negligence is difficult, and the scope of recovery is not too broad, it will easily dampen the enthusiasm of the judiciary.

4, the procedures are different. Of executive compensation, compensation procedures and judicial procedures varied. Executive compensation program is divided into separate claim for compensation together with the request process and procedures. A claim for a separate administrative procedure to implement the principle of pre-treatment , executive compensation disputes in the administrative procedures can not be solved through administrative litigation can eventually be resolved. judicial compensation program is not a separate claim by a claim, and be divided, the compensation obligation of the claimant satisfied with the decision authority, to the on the level of its authority for reconsideration against the decision, the reconsideration organ at the same level where the Compensation Committee of the People's Court application to be made final. It can be seen throughout the judicial compensation are resolved through non-litigation The. Links to Research Papers Download http://www.hi138.com