《国家赔偿法》理论分析（Theoretical analysis of the State Compensation Law）.docVIP

《国家赔偿法》理论分析（Theoretical analysis of the State Compensation Law） A theoretical analysis of the principle of liability in the State Compensation Law The establishment and perfection of the state compensation system in all countries is a recent matter, and the core issue of state compensation is the imputation However, the criterion is that the country should be liable for its infringement. It is the theory of state compensation The primary problem faced by the study and the actual legislation is the key to the determination of the state compensation responsibility. fault principle The system of imputation, the principle of illegal liability fixation and the system of liability fixation based on public fault and supplemented by danger responsibility It is the three national compensation principle system in the world at present. At present, it is established by the State Compensation Law of our country It is the principle of illegal imputation, which has obvious defects and shortcomings. This article will combine with the reality of our country Rational thinking shows that China should not continue to implement a single principle of illegal liability, but should build it with China Characteristics of the imputation principle system view. I. The principle of liability in the State Compensation Law of the world (1) the principle of fault The principle of fault can be the theoretical basis of the principle of liability in the state compensation law, mainly because of its function and value. First of all, the principle of fault liability has achieved the organic unity of norms and remedies. Fault is the legal value of government action Judge。 The existence of fault means that the behavior of the government does not conform to certain behavior patterns and standards. Secondly, the fault The principle of liability is the main imputation principle adopted by most foreign countries in the current compensation legal system, (two) the principle of dangerous liability; The princip