On The Constituent Elements Of State Liability

Long with the development of the modern administration method, guarantees morely to the private benefits, request the nation undertake more indemnification duty, for this, the nation compensates the indemnification scope of the method to expand increasingly, this have become a fact for not undeniable fact .But conduct and actions the nation compensates the composing important item of the method, coming to a decision the breadth that compensate the scope directly narrow.This text around the nation compensates the composing important item of the duty, distinguishing from carry out the job behavior and return the principle of responsibilities, spirit indemnity to launch the treatise with duty exception four problems.Pass to talk about to proceed the introduction, compare to the advanced method in abroad academic theories, analysis, analyze at the same time our country the nation compensates the shortage of the method, conceiving at from now on, our country the nation compensates the method how to proceed the modification perfect, with betterly conformance the development current that nation indemnification, expand gradually nation indemnification the scope of the duty, betterly the benefits of the opposite person in protection.Carrying out the job behavior is an initial contents that nation indemnification duty constitute the important item, in theories field with judicatory practice, dispute at most, the difficulty biggest is a concerning job behavior with the behavioral distinction in individual problem, and public security official the administration behavior probes the behavioral distinction problem with the pertaining to crime.As for job behavior with behavioral distinction in individual problem, the theories field exsits objective saying with subjective the cent that say.It is subjective to say the assertion, whetherthe job behavior is main according to the behavior subjective intention that person whether to have job of carry out or not.lt is objective to say the assertion, whether that job behavior is main to whether to have characteristic or not according to the behavioral exterior in person in behavior to carry out the job, but in spite of behavior corpus of subjective how intention is.Pass to the introduction of two kinds of scholarships, say further the clear and objective saying more legal rights of benefitting to the opposite person in protection.Widespread and adoptive" related theories in job" in our country, lay claim to the judgment whether job behavior, the basis should carry out behaviorally whether have with job internal connection or supplementary contacts, not according to behavior person of subjective intention.Therefore, the " related theories in job" of the our country establishment belongs in objective say.Probe the behavioral distinction with the pertaining to crime as for public security official the administration behavior, from an elucidation realistic necessity distinguished analyse both.Pass to the standard contrast in six kinds of distinctions with analyze, expatiate only basis a kind of standard distinction is not fitting, setting up must synthesize six standards takes into the divisive idea.The key point to judge whether a legal liability should be born by the state is to affirm the principles of classifying the liabilifies.In most counties in the world, three pricinples are widely accepted: mistake priciple,danger pricinple and voilation pricinple, each of which has its own advantages and disadvantages. "Mistake pricinple"involvs two types of mistakes: subjective mistake and duty mistake. The former means the mistakes made on purpose. But it is really hard to judge whether a mistake is made deliberately or not;the latter concerns objective mistakes rather than subjective ones.But this pricinple has the same disadvantage as the former one as to the problem of"what is the normal standard? " Danger pricinple" concerns whether damages are done to the citizen or not rather than wherher mistakes are made or not.Because this pricinple relates to the measure of value of the...