On State Compensation Liability Under The Principle

State compensation law is an important law to guarantee the legal rights of civilian, which makes the relevant regulation of constitution put into effect. Liability shoulder principle of state compensation offers the most fundamental basis and standard to judge whether the country should shoulder the legal liability from view of legal value, which has great significance to determine the forming of state compensation liability and exempt liability, the obligation of giving evidence and procedure of shouldering liability.This paper takes the liability shoulder principle of state compensation liability as the research object, analyzing and discussing in theory and practice with four parts.The first part is about general speaking of state compensation liability. Wide and narrow definition of state compensation liability as well as its nature is probed.The second part is about the comparison of shoulder principle of state compensation liability in western countries. Shoulder principle of state compensation liability in France, Germany, Japan, USA and Switzerland is compared and analyzed in detail.The third part is about Chinese shoulder principle of state compensation liability and its law consideration. First Chinese principle of irregularity is analyzed. Then basic research on law theory of Chinese shoulder principle of state compensation liability is carried. Last combing with the foreign situation, the paper summarizes and analyzes the advantages and shortcomings of fault principle, no fault principle and irregularity principle.The fourth part is the conclusion. The author thinks the ideal mode of Chinese shoulder principle of state compensation liability should be a double structure with irregularity principle as main and no fault principle as supplement..