Study On Relationship Between State Compensations And Civil Compensations

Generally speaking,state compensation refers to state organ and national staffbreach the laws,against citizens,legal person and other organizations'lawful rights and benefits,bring to damage when perform their duties,the state shall bear economical compensation according to laws.civil compensation refers to damages obligor agaist other's personal and property damage when breach the law or contract,shall bear the civil legal conseqences.Compared with general principles of civil law,state compensation law is late.state compensation and civil compensation have some in common.and the rules principle,constitutive elements,etc,of state compensation in many countries refered civial compensation theory and civil compensation procedures at its earily stage.in china,before the adoption of state compensation law,the article 121 of the General principles of civil law also think the tortuous acts of the state organ and its staff when performed its duties is a kind of special civil breachment of rights.established civil compensation liabilities of the state to resolve related compensation disputes.thoughout the compensation systems,state compensation From scratch,from the weak to constantly growing,after sufferring development and changes in the long time,gradually comes to be mature,too.May 14th,1994,China Seventh Meeting of the Eighth NPC Standing Committee,adopted state compensation law of PRC,put to effect on May 1st,1995.the implementation of this law,is a meaningful milestone in our judicial systems.it is to safeguard of the rights of the state compensation of the citizens,legal persons and other organizations lawfully,promote performance of duties of state organs,according to the Constitution,promulgated this state compensation law.During its enactment and adoptment,state have a certain criterion when bear compensation liabilities,and related problems were better up.but there still are many problems in state compensation field waiting for being resovled further.compared to state compensation,civil compensation is more developed theorically and practically.Imputation principle,the responsibility composition,the scope of compensation,ect.Are more mature and perfective,still can be referred.at present,the justisfactions of the differences between the two are whether appropriate or not is also a problem worthy for beening explored.At the same time,due to the establishment of the state compensation in china late,still exist some shortcomings Inevitably.about using established systems whether or not,using civil torts liability in special circonstance,and supplementing present state compensation systems,in order to broaden the scope of state compensation,still is studied rarely.we admitted the differences between the two,but object to exaggerate these differences which will lead to harm other rights and benefits on the base of entity differences.state compensation and civil compensation should be back to the value of protect citizens' real rights and benefits.we hope to see,not only give rights,but also give recifications when rights are injured.this is really the persuit of law.this theie is mainly about content above,do some active thinking and put forword methods related.it is necessary.it also discuss the relationship of state compensation and civil compensation,this is,it is a pure compensation whether or not,exists systematical differences whether or not.if so,how to deal with Coordination and convergence.certify the relation of two matter future studies and development.and the huge meaning exists here.