A Study On The National Indemnification System

It has been more than 100 years since the National Indemnification System was appeared. There are more than ten years has passed when "The National Indemnification of the People's Republic of China" was got up to January 1, 1995 the official execution. Whether in China or other countries, the Indemnification System are being constantly improved and developed. But there are still a large number of the National Indemnification System incompatible with the problems of modern society. Therefore, we need to undertake an in-depth study of the National Indemnification System to realize The National Indemnification System in China, and we will improve the National Indemnification System. In this paper we review the history of the National Indemnification System, the basic theory of National Indemnification System, and we are in the light of France, Germany and Taiwan in China of the National Indemnification System to analyze Law in the state of legislation of the National Indemnification System of China, in light of our current National Indemnification System for the status quo Further analysis of the current the National Indemnification System for the problems, a perfect view.This paper is divided into there chapters:Chapter One is the outline of the National Indemnification System.In Section One, the paper introduces the background and reasons of the National Indemnification System. For the establishment of the state monopoly capitalist system, economic growth, the freedom continuously enhance the concept of equality and democracy and the rule of law, more and more people called for the establishment of the new system which is called the National Indemnification System, the first National Indemnification System in the western capitalist countries. Second, the paper describes the National Indemnification System passed through three stages of development, including "to completely negating the National Indemnification phase." "Limited liability phase" and the "no-fault liability phase". Finally, the paper discusses a number of specific capitalist countries and the history of the development of China's National Indemnification System.In Section Two, the paper introduces the basic theoretical issues of The National Indemnification System.First, the paper introduces the concept and nature of the national Indemnification System. The National Indemnification refers to the work of state organs and their illegal use of their authority and infringed on the citizens, legal persons or other organizations to damage the legitimate rights and interests of the state should assume liability for the victims.Second, the paper introduces the features of the National Indemnification System. Although it belongs to the state tort liability, there is a big difference between ordinary tort liabilities in the subject and so on.Third, the paper introduces the relation and differences between the National Indemnification System and the National Compensation System on the nature, the theories foundation and so on.Finally, the paper introduces the constituent elements of the National Indemnification System. The National Indemnification System in China uses the "four elements": the main violations, damaging to the fact, the existence of a causal link between tort and results, the perpetrator is illegal.Chapter Two, The theoretical basis for the National Indemnification System and the principle of the National Indemnification System attribution.In Section One, the paper introduces the theoretical basis for the National Indemnification System.In Section two, the paper introduces the principle of the National Indemnification System attribution. Now more worldwide application of the principle of fault liability complemented by the principle of liability law and the principle of liability without fault.Chapter Three, The legislative status of Chinese National Indemnification Law, the problem it must be worked out and the writer's views on it.In Section One, the paper introduces the state of legislation the National Indemnification System in France and Germany.In Section Two, Taiwan has given us a briefing on Chinese National Indemnification System; Then, the paper introduces something about "The National Indemnification of the People's Republic of China".In Section Three, the paper introduces some of our shortcomings and the writer gives some improving views.First, the paper analyzes the problems of our National Indemnification Law. The first National Indemnification Law in China provides that only the work of state organs, the offense will constitute an extremely State liability, however, in real life, the work of state organs, the non-prosecution will be extremely relative caused damage to the legitimate rights of the people. Moreover, it is not uncommon in a modern society in such situation.Second, the writer gives some advice to improve the National Indemnification Law. The writer's view of the work of state organs and their staff relative to the legitimate exercise of the right of the public right to damages States can establish and perfect the system of Indemnification.