Discussion Of Question Related To Administrative Compensation And Civil Compensation

The administrative compensation emerged from civil compensation, and lack of independent research and analysis, administrative compensation liability system is not mature. Therefore, whether in theory or in practice, administrative compensation tends to be confused with civil compensation, resulting in citizen appeal in a quandary, and court trial in trouble. Clarify the administrative compensation and civil compensation, is help to improve the compensation system and preserve the authority and fair in practice.This text tries to set out from the angle of practice of the judgments, passing the analysis of the concrete evidence and the analysis of the worth, combination of the comparison of the scholarship theories of the domestic and international and related law, study the connection problems of the administration compensation with civil cases that compensate in our county. The first part "identification of administrative compensation and civil compensation ":analysis on relationship and difference between administrative compensation and civil compensation. The second part "the relationship of administrative compensation liability and civil compensation liability caused by regulations conflict":consists "the relationship of State Compensation Law and Civil Law 121 "and" the relationship of State Compensation Law and Property Law 21(2)" two aspects. The third part "nature of the liability caused by public facilities and nature of the liability caused by breach of administrative contract". The forth part " new development relationship of administrative compensation liability and civil compensation":firstly, expounds the concept and characteristics of inflictions caused by administrative tort and civil tort.; secondly, discusses legislative situation of the trial of mechanism for common inflictions; third, with specific cases, analysis the advantages and disadvantages of separately mode and consolidated mode; fourth, from building administration supplementary civil compensation action, filing guidance system and rule of apportionment of responsibility, to build a set of effective system.