Study On The Liability Shoulder Principle Of State Compensation Law

It is foundation in the system of national compensation and key theory to liability shoulder principle, current State Compensation Law of our country is in course of revising, liability shoulder principle should make certain adjustment too. This text analyses the irregularity principle that our country current system of national compensation established and appraise its advantage and defect at first; introduced several kinds of basic liability shoulder principle then, including fault principle, irregularity principle and no fault principle, analyses the development and change of every principle, author thinks that the epitaxy of every principle has the tendency to merge each other; on the basis of analysis on several kinds of existing liability shoulder systems set up by scholars, author put forward his own legislative suggestion, regards no fault principle should be the liability shoulder principle of our country's state compensation law, so can protect the citizen's legitimate rights and interests on the maximum, and prove to this on the theoretical foundation and realistic feasibility; finally, for being in conformity with this no fault principle, the existing national compensation systems all need to make corresponding adjustment on the entity and procedures.