The Causation In The State Compensation Law

In the first place, the issue of causation is a philosophical proposition. In philosophy, experientialism and rationalism advocate that causality is inevitable and universal. But Hume raised doubts. Hume believed that the human beings understand the world through the experience, and human cannot experience the connection between the one and one after another. Therefore, mankind can observe the two things in front and behind and cannot experience the existence of causality. Moreover, the experience of the past can only tell us what has happened without explaining the future of mankind. So how can we believe that the causal link is inevitable? In addition, the universal causality can not be proved, it is not real analysis of the proposition, nor is it can be proven through empirical observation, because no one can observe the link between all the events. The philosophers after Hume also were unable to resolve the problem. Marxist philosophy deems that the causality has the attributes of objectivity, universality and inevitability. The doctrine is that chance and necessity should be combined to understand causal relationship. Necessity is referred to the development of ties with the law and that happens in accordance with trends. It is determined by the internal contradiction. Chance in the development of things is uncertain and alternative. This may also be possible as the emerging trend is not by chance; it is caused by internal and external reasons that are not fundamental to the development of things. Necessity and contingency is contradicted and unified.Meanwhile, the causality is also a legal proposition. Causality in philosophy provides legal proposition with a methodology. However, causality in philosophy is general, while legal causation is particular. If the law of causality is only to be stayed in the stage of philosophy transplant, the legal application can not be solved. Legal causation is different from causal relations in philosophy in research goal, assessment criteria, and research range and research target.State Compensation causation is among the legal causations. However, the administrative law circles research less the causation in the State Compensation than the civil sector and the academic criminal law. In China, the State Compensation is included in public law. Compared with civil liability, it is unique in its constitutive elements, liability, and responsibility. It is necessary to study the compensation causation separately.There are three theories about causation of China's state compensation in...