The Remolding About Administrative Compensation Criterion Of Liability

In Modern society, the Executive power is expansion, so the Administrative compensation system is become more important. Form the National compensation system was established to the promulgated of the < PRC State Compensation Law>, (referred to as), not only the legislative technology, but also the actual operation, some defect of thewere appeared, this cause the concern of theoretical circles and the practical, in those problems, compensation administration's criterion become the focus. Compensation administration's criterion as the basis of the responsibility, in the treatment of the administrative cases it's has the function of the guide. Basis on comprehend of the principle of compensation administration Imputation and the considered the miss of the compensation administration, I think, the research of the principle of compensation administration Imputation has the very important significance. So I chooseas my degree thesis.The whole thesis besides the introduction has four chapters.In the introduction, I wrote the consequence of the choose subject, and the purpose of writing.The first chapter is'The implication of the principle of compensation administration imputation', it's contents the meaning and the significance, the provision of the countries all over the word and the provision of our country.The second chapter is'The defect of the imputation law principles', it's against the imputation law principles, and pointed out the disadvantages of it.The third chapter is'Analysis of the principle of fault liability', mainly attributable to the fault of the principle of an analysis of the various doctrines, and comparison with the imputation law principles and the principle of no-fault liability, summed up its disadvantage.The fourth chapter is'The established of the principle of no-fault liability', analysis the principle of fault liability, and pointed out that the problems, leads to the principle of no-fault liability.The concluding part of the thesis, I give the advices of the remodeling of the principle of compensation administration Imputation.This article uses the comparative and analysis. For this I collection all the literatures at home and abroad all I could, on this basis, analysis the principle of compensation administration Imputation, at the same time, comparison with'imputation law principles'our country, at the same time, find the meaning of our country.The innovation is:confirmed'no-fault liability principle'as< National Compensation Act>for the core of the spirit. Thus the theoretical circle thinks the law says the principle of attribution analysis and pointed out the inadequacy of its existence. Against the principle of fault liability, the results of the principle of attribution for campus, finally, in order to protect the civil rights and human rights protection as the starting point, to improve the National compensation system, maintenance of civil rights, make a theory of it, finally from the theoretical level to identify and correct interpretation of the country attribution principles of liability, return to the'no-fault liability principle'statements up, this regression is not only legal terminology necessary norms, more importantly, it can lead us to put on administrative compensation Imputation of research focus on the principle of public power to protect the legal interest up.