Mixed Form Of The National Liability Law Applies

This paper aims at discussing the issues on rules of applicable law of the trinity form for state compensation and civil liability. In view of the body of the paper, it aims at studying the application of pubilic law taking state compensation as an example, thus it belongs to administrative law.In practice, in addition to compensation legal relationship between the claimant for compensation and state organs, but also involve civil liability relationship between claimant for compensation and the third party, whether commiting civil liability, liability's degree and the relationship with the state compensation, which are bound to affect the final form of the state compensation liability. While China's current rules of "State Compensation Law" are relatively simple, and the theoretical circle also never researches the issue systematicly and deeply, result in failing to effectively guide compensation practice, disunity in state compensation cases and affecting the function of state compensation and legal unification. However, a perfect state compensation system is the inherent requirement of an modern democratic country, therefore, to study the subject is very important both in theory and practice.The paper is divided into introduction, the body(four parts)and conclusion. The introduction expounds on the theoretical significance, research status and thoughts of the subject. The first part theoretically and fundamentally studies the trinity form of state compensation liability and proposes the base type of mixed liability can be divided into two types according to whether the claimant of state compensation has fault to the third party. The second part comparatively studies the applicable law of the trinity form of state compensation liability in Outside Law. In conclusion, the Outside Law generally regards state compensation liability as the special type of civil liability, showing and complementary of state compensation in the substantial application. However, if we analyze the two aspects of system background and specific legal rules of the state compensation liability, both from macro and micro perspectives, the application of law of the trinity form of state compensation liability should not simply draw lessons from the attitude of Outside Law. The third part respectively discusses issues on applicable law according to two different types of the trinity form of state compensation liability. For no-fault application of law for the claimant to the third party, the cost of relief, the objective requirements of due process, referential significance of false implement rules, the latest legislative developments of China's "Property Rights Law" and other aspects, the paper expounds on the validity of antecedent compensation of organs for compensatory obligations, which is different from prevailing justice practice. The paper deeply analyses complete indemnity and no-fault liability, both of which belong to fault liability. Considering from the perspective of legal government and efficiency of procedures, the author thinks adopting impunity is more reasonable. The fourth part proposes the necessary for the trinity liability form to be confirmed in "State Compensation Law" and a number of elements to be noted in the establishment. In the conclusion, the author summarizes the legal applicable rules of mixed liability and raised expectations for the issue to be discussed.