Studies On The Doctrine Of State Indemnity Liability

In the state compensation system, responsibility-pertaining Principle reflects the legislative policy and the value trend of the state-compensation; meanwhile it decides the action range which will result in the state compensation, and directly influence the procedure of the state-compensation and the undertaking of presenting evidence. The practices of state indemnity law prove that the doctrine of state indemnity liability is quite simple and the scope of indemnity is quite narrow. So the damage of a large number of countries violations led to can not get compensation. It's an urgent task to revise the state indemnity law and to perfect the doctrine of liability. It has great theory meaning and realistic meaning. This thesis is divided into six parts.The first chapter is an introduction, which presents the purpose and significance of the research, literature review, research methodology and innovation of the thesis. The second chapter analyzes the principle of the national compensation responsibility. We firstly introduce the concept of the principle and then discuss the functions of the principle from four perspectives, Finally, introduced the development trend of the three principles.The third chapter discusses the situation and limitations of the current principle of national compensation responsibility of our country. Above all, we introduce different opinions about the principle during the process of its legislation. Then we discuss the principle of irregularity, its meanings and limitations which are established by the national compensation law of our country.The fourth chapter is mainly about the analyses and inspiration of foreign countries'principle of national compensation responsibility and inspiration to China. We firstly introduce the principles respectively of France, Germany, UK, the States and Swiss. Afterwards, we analyze the principle of guilty, the principle of innocence, and the principle of irregularity, which are the three main types of the principle of compensation responsibility. Finally, we sum up the inspiration for our country by the analyses of foreign countries'relevant principles.The fifth chapter is a reconstruction of the system of the principle of national compensation responsibility. In this chapter, we discuss the theoretical support of the reconstruction of the principle. Also, we analyze the feasibility of the reconstruction, and put forward concrete assumptions of the reconstruction.The final chapter is the conclusion, which reviews our opinions about the construction of the principle of national compensation responsibility, and proposes that the principle of national compensation responsibility is actually a developing process.The author research on the principle of state compensation, and put forward my own legislative proposals, I hope make a modest contribution to the principle of attribution of compensation for the country's reconstruction.