The Topic Of The Public Character Of National Compensation Law And The Private Nature Of The National Compensation

"Where there is a damage there is a relief"is an old legal principle. The country's action is special as a special subject. It is a public international rule that the public service of authority departments and the staff should take responsibility for the damage to legal rights of the citizens, except for the exemption in national and international law. The National Compensation Law regulates the relationship of the illegal authority and infringed parties, which resolves the question that the nation how to undertake the responsibility and how to compensate damage after the authorized departments has infringed citizens'rights, national responsibility as mentioned. National responsibility is different from other responsibilities and is special because the subject is the nation so it takes up the public character. The aim of the national compensation system is to make up the loss of infringed parties that caused by the authorities. But compared to civil compensation system, our compensation system has problems such as narrow compensation area and so on, which makes it a hard problem that how to protect their rights when compensation is set up. Although the new National Compensation Law has been amended, however it is not enough to set up compensation measures. The compensation system should put its eyes on the"compensation", learn from the civil compensation system, explicit the burden of responsibility and principles, reform the system of compensation payment, increase the public facilities of damage, and so on. Only are the compensation measures for counterparts perfected to protect their rights as great as possible and taken the civil law for reference, so that the compensation system can play roles, and provide good example for the National Compensation Law.