Civil servants have to compensate for a loss or pain and suffering more or less, directly or indirectly for breaching duty of care seriously in implementing administrative affairs. That has been generally recognized by various countries of the world. In China it has many defects in legislation and practice. In theory, scholars misapprehend several points about it in academic research. On the "Individual Responsibility Principle", we suggest civil servants should take the responsibilities of their torts. The practice can urge the civil servants act legally, protect people's interests roundly and take off unnecessary burden of taxpayers. What's more, the essential components of the responsibility are explained in order to avoid expanding the responsibility infinitely. In conclusion, it's necessary to make the civil servants themselves burden the compensations and the state assume artificial related responsibility so as to realize the balance of the interests of state, civil servants and victims.
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