The Study On Illegal's Concept Of State Compensation Law

It's generally recognized in China that liability principle of state compensation Law is "illegal" principle. But there are different views about what is "illegal", which contributed to different practices of state compensation, and made it impossible to give full play to "liability principle" as well. Therefore, it's of vital importance to make a scientific and distinctive definition of "illegal". I attempt to illustrate the concept of "illegal" by analyzing the provisions of our law text related to "illegal" by the means of law interpretation, then try to build the liability principle of our state compensation law based on the my contemplation on the "illegal".Methods of law interpretation, comparative analysis, historical analysis and value analysis are fully explored in this paper, among which law interpretation is of utmost study method.With regard to structure, this paper is divided into five parts. The first part makes an analysis of liability principle in China, disputes on the concept of "illegal" and the major research methods used in the paper. The second part illustrates the concept of "illegal" by analyzing law provisions related to "illegal", mainly talking about those provisions in Constitution Law, Civil Law, Administrative procedure Law and other major laws in China. The third part dwells upon the juridical logic and functional location of the "illegal", then concludes the content of "illegal" from the historical dimensions and comparison between related concepts. The forth part justifies that the illegal principle is not be equated with the reasons of state Compensation Law involving the analysis of subjective, objective, component part, etc. Based on the concept of "illegal", the author strives to build our multiple liability system of our state compensation law. The last part concluded that the modern legal system should fully improve the role of the "law interpretation" method, minimize the legal loophole and clarify legal terms so as to lay a solid foundation for the law application, improve the legal system by making it more proactive of law application.