A Study On The Tort Of Government Organs And Their Employees

The responsibility of governmental tort was not established when the country come into being. It was set up with the development of capitalist system during the period from French revolution to the WWII. It plays an important role in protecting the rights of the citizens,legal persons and other organizations, and protecting the foundation and improvement of law system. In 1995, National Reparation Law was enforced. Its foundation gives a quite important play to standardizing the practicing of the power of state organs, to ensuring the rights of citizens, legal persons and other organizations. However, because its regulations were laid down later, and were restricted by social, economic and historic conditions at that time, the content in specific provisions is quite vague, which adds to the difficulties in protecting the rights of victims in judicial action.Combined with the theoretic academic views and judicial practice in the recent several years, and based on the comparison and research of this kind of tort liability system all over the world, the thesis respectively expounds the character of the liability of governmental tort, its legal structure or elements, the damages, and the duty of evidence. In this article I also express my own opinions about how to perfect and improve the system: in the first place, with regards to the character of the system, it refers to the dual property of public and private law, and individual liability; With regards to the duty of evidence, it insists on the basic principle—that the plaintiff should give evidence to advocate his claim that some administrative action is illegal. With regards to the principle of imputation, it should adapt the principle of liability without faults. In the second place, it does the further research on the reparation in theory, puts forward that the failure of administrative performance, internal administrative deeds, reparation of rulemaking, the ways of reparation, military reparation, and the intangible damages should be brought into the system. Third, it also inquires into the reparation's standard, forms and excusable circumstances, then it puts forwards that we should properly enlarge the scope of them. Finally, it analyzes and expounds the trend of development of the system.