Administrative Compensation For Civil Damages Associated

《the People's Republic of China nation compensation law》 since the promulgation of the 1994, up to now has already been existing for decade years. Because of the environment of enforcing the law, the idea of enforcing the law, the level of enforcing the law and citizen's rights consciousness and so on, the influence of the factors, in a specific way carrying out the process , still exist not a few problems with disputes. Nation compensation law is even called by somebody"the law is about the nation not compensating". The design of Nation compensation law top from the system, seem to be too much principle, and so that not detailed and perfect, some items have no rule to be according to, from but result in the judicial process . Administration compensation conduct and actions is one of the categories nation compensation, equally exists system design disputing of many aspects with blank. Along with according to the principle and idea of the rule of law country pushing forward, establishing the perfect system of the administration compensation into practice has already been in necessarily line.This text tries to set out from the angle of practice of the judgments, passing the analysis of the concrete evidence and the analysis of the worth, combination of the comparison of the scholarship theories of the domestic and international and related laws, study the connection problems of the administration compensation with civil cases that compensate in our country. Analyzing the problems on the system's understanding and the system's design reflected from such phenomenon. In the judicial actual situation, such as public facilities, public works...etc. Indemnity, should suit for administration compensation or civil case compensation, existing the confusion of judgment . The writer clears the reasonable ways of the rights relief from the judgment standard of the two kinds of disputes , and the innate character between the administration compensation and the civil case compensation ,further clear and definite the difference of the two kinds of indemnification and the method, from here, putting it in good order the way which the victim should choose to relieve the rights, and the court house should adapt the suitable judgment procedure By the analysis of the character of the conducts result in the same damage, putting forward the ways and procedure of the civil rights relief of the victim ; how the administration power body pursuing the payment to the victim from the another infringement; how to connect the two compensation; how to balance the benefit between all the parties, then designing the system for them. From here, the writer expects to further perfect the administration compensation system and deal with the problems appeared in the trial practice, to light "a little sparkle"by the paper.