Discussion On Several Issues Concerning Tort Civil Liability Of The Post

The compensation responsibility of the government officeand state personnel infringing citizen ,corporate person ,and otherorganization during the process of carrying out the post is stipulatedin the Constitution , the General Rule of the Civil Law and StateCompensation Law of our country. This text makes a brief analysis to the relation between themat first. Then, combining the relevant regulations of the GeneralRule of the Civil Law and State Compensation Law, the authorproves that the state compensation belongs to the civilcompensation .It is a kind of the civil liability at first.Thirdly ,the text does preliminary discussion to the nature,the composition elements, the doctrine of liability fixcition of thetort civil liability of the post , and propoundes that StateCompensation Law is specifying to article 121 of the General Ruleof the Civil Law, State Compensation Law belongs to special civillaw, the compensation that State Compensation Law stipulates is akind of tort civil liability of post in the civil liability that thegeneral rule of the civil law stipulates , the nature of the tort civilliability of the post is one's own responsibility --a kind of stateresponsibility not taking breaking the law or not as condition.Andthen the text proposes that it is essential to remend StateCompensation Law in aspects as the scope of compensation , thedoctrine of liability fixcition etc. Finaly the text proposes that theexisting draft of the civil code making a systematic andcomprehensive regulation to the tort civil liability of the post inthe " law of liability for tort " .