On The Improvement Of The State Compensation Liability Principle

The establishment of state compensation institution is one of the symbols from rule by men to rule by law; the perfect of state compensation institution is an important sign of rule by law and human rights protection. It took western countries more than one hundred years to establish state compensation institution, in China; it also took a long time. January 1, 1995, Law of the People's Republic of China on State Compensation came into force. It possess groundbreaking meaning in promote state organs exercise their powers and functions within laws, assurance of human rights, promote democracy and rule by law.The past thirteen years witnessed huge achievement of State Compensation Law, but it also had shortages. Among those, the most important and ultimately is that the principle for responsibility is single. In western, the principle for responsibility is diversified, Whereas in western major countries, principles for responsibility not only diversification,but state compensation can apply civil law. Due to the arisen problems in practice, the state compensation law even had been called"state not compensates law". The appraise had bring legislative set a high value on it, amendment had been under the legislation programme.For this background,look into the amendment possess momentous sense; set this issue,above all thing is amend the principle for responsibility of state compensation law.In our country, state compensation institution had consanguineous relation with civil law. Civil code is been establishing, some drafts have advices on liability for tort of state organ. To inherit and carry forward article 121 of General Principles of Civil Law, need to arrange liability for tort of state organ and state compensation institution, need for the two law department complementation each other. Most venerable and equitable, cardinal rule of civil law should be incarnated in state compensation law, supervise principle for responsibility of state compensation and remodel the single transgress principle for responsibility. It will promote rule by law, assurance of human rights.The text contains four chapters. The first chapter is the history for state compensation institution. The second chapter is for the principle for responsibility on state compensation. In this chapter, principles for responsibility of foreign countries and the shortage of ours were analysised. In chapter three, with the visual angel of civil-law's rationale and civil liability, the author bring forward remodel principle for responsibility of state compensation. In the fourth chapter,via correlative state compensation cases,according the point of view with civil liability, via concretion analyses,discuss the momentous meaning of make amendment of state compensation principle for responsibility...