On The Compensation Of Our National Responsibility Principle,

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. Hence it grows to be the core and foundation of the state compensation. And the study of the state compensation becomes the subject of basic theory concerning the law of the state compensation. There exist arguments about what responsibility-pertaining principle of the "state compensation law" should be taken in the world of present law field, as to divergences about the comprehension and application of offence against law, whether the prevailing responsibility-pertaining principle is scientific or not, and what principle should be adopted for the state-compensation law. This thesis intends to determine the state compensation system that suits to Chinese background.In a world scope, responsibility-pertaining principle of state-compensation is divided into three kinds: fault principle, which contains subjective offence and objective offence; non-fault principle, and offence responsibility-pertaining principle. Due to the advantages and disadvantages of responsibility-pertaining principle, most countries and districts around the world seldom multiply a single principle, but adopt a system of one main principle, supplementing with other principles.In the process of legislating the state compensation law in our country, scholars have held heated discussion on responsibility-pertaining principle, and various viewpoints have been put forward. Eventually offence responsibility-principle has been put into practice. Because of lacking deep and thorough study of it, there appear evident drawbacks in carrying out the state compensation principle, outstanding in the narrow state compensation range, i.e. the operative characteristics are not strong enough. If offence responsibility-pertaining principle is to be taken, we need to give a reasonable and scientific definition. The author of this thesis holds the viewpoint that thecomprehension of offence against law should take the broad meaning. The following cases are regarded as offence against law: the offence against constitution, law (in narrow meaning), administrative regulations and rules, local regulations and rules, judicial explanation, administrative explanation and other regulatory documents, and the international conventions and agreements that our country acknowledges; the offence consequence produced by legal action, according to the criteria of judging action offence and action consequence for the legally non-clarified legal actions and factual actions; offence of anti-body law and anti-procedure law; and evident inappropriateness and injustice under free judgment. Explanations as such may settle the deficiencies of offence principle. Sticking to single offence responsibility-pertaining principle, actually, is bound to widen the scope of state-compensation, avoid the inconvenience of the system of multiple adoption of responsibility-pertaining principle in practice, and finally realize the double purposes of regulating state agencies and protecting the legal right of the citizens. Offence responsibility-pertaining principle is to be the appropriate and scientific choice for the state-compensation law of our country.