On The Responsibility Of State Compensation Guarantee In The Privatization Of Administrative Tasks

In recent years, the trend of privatization of administrative task in our country is gradually rise, and its rationality has been proved by theory and practice. Although the administrative tasks have been privatizated, the countries can not stay out, it still want to assume the responsibility of the state.But in this process, we must discusse the following questions :the country should bear what responsibility, why it bear the responsibility,it selects what imputation principle after assuming responsibility and how to undertake responsibility allocation etc.The author believes that although private subject participate in the administrative tasks which lead the country no longer directly to fulfill the public affairs in the process of the privatization of administrative task, however, it does not mean that countries do not have responsibility. The responsibility shift from direct responsibility to supervision and responsibility which to private subject and to protect the legitimate rights and interests of the public obligations, countries should play the indemnity in the privatization effect. We study the liability for guaranteeing the state compensation theory is very important that can further clear government guaranteeresponsibility and obligation for compensation, construct a scientific compensation guarantee relief model, safeguard citizens' lawful rights and interests etc.This paper is based on the theory of German guarantee, and it intention to build the "compensation guarantee" for the privatization of administrative task. In the process of building the relevant system for privatization, the national security responsibility and the responsibility of the state compensation are inextricably linked, it is because of the country in which bear the first responsibility for security, there will be the emergence of compensation liability. In order to better regulate the special power and liability of public and private cooperation, the system of state compensation guarantee system based on national security responsibility is perfect.This article expounds why the country should bear the national compensation guarantee responsibility in the process of administrative tasks privatizatied through to the related conce pts in this paper and on the basis of some related theory research. With the principle rules of public power as its principle of rules and Purpose to safeguard the damaged the loss of people who can get reasonable remedy in a timely manner.it analysis China's guarantee of national compensation responsibility, procedure and the recovery conditions of the problem. In addition to the introduction, this paper is divided into four parts.The first part is the administrative tasks privatization to the impact of the liability for guaranteeing of the state compensation theory. First analyzes the related concept,for example privatization,administrative tasks privatization, national responsibility, the liability for guaranteeing the state compensation.It diffent the liability for guaranteeing the state compensation from general international liability to pay compensation and guarantee responsibility in the civil law.it analyze three administrative behavior and the traditional duality of state compensation law relations and public-private cooperation behavior of state compensation liability subject with the traditional national liability. The second part is the responsibility of the civil liability of the administrative task. This part mainly analyzes the theoretical basis of the state to assume liability for compensation after the privatization of administrative task. Mainly from four aspects: First, the privatization of administrative tasks belongs to a new type of administrative behavior, including the existence of family behavior factors. The State shall bear the compensation responsibility in accordance with the State Compensation Law guarantees the spirit; The second is the national indemnity guarantee responsibility helps to promote the country better fulfill public duties; the third is by the national compensation guarantee responsibility helps to protect the rights and interests impaired; The fourth is by the national compensation guarantee responsibility has its own constitution as the basis. The third part is the administrative tasks of privatization of state compensation guarantee responsibility imputation principle. First of all, the author analyzes the traditional principle of imputation, from the level of imputation principle of article 4 of the state compensation law in our country can't cover the administrative tasks the liability for guaranteeing the privatization of state compensation. Reflection on problems existing in the current laws and regulations in our country, and to construct the national compensation guarantee responsibility imputation principle. To assure responsibility imputation principle of state compensation research mainly from the concept of imputation principle, classification and characteristics of privatization, The author thinks that the administrative tasks of privatization of public power should be applied in the imputation principle, And culvert perturbation in the form of legal interpretation to the state compensation law article 7 paragraph four.The fourth part of this paper mainly studies the problem of responsibility sharing of national compensation guarantee liability. According to the imputation principle of the above, this part mainly discusses in the private subject of damage to others occurred after the responsibility of the state under the guarantee liability sharing, how to choose the subject of compensation and harm responsibility in the country can claim compensation and how to recover and other issues to the private subject. this part mainly discusses in the private subject of damage to others occurred after the responsibility of the state under the guarantee liability sharing, how to choose the subject of compensation and harm responsibility in the country can claim compensation and how to recover and other issues to the private subject. The purpose is to encourage private subject to legal and reasonable behavior, at the same time will not run amok.