In The Field Of Contemporary Tort System Of Punitive Damages

State Compensation Principle requires States parties to take responsibility for standards and the basis for a country basis and prerequisite for state compensation, which reflects a state compensation values, determine the scope of a state compensation, while its burden of proof accountability and the state compensation procedures have a significant impact, it would become the core and foundation of state compensation theory, so the research on China's "State Compensation Law," the improvement and implementation of important theoretical significance. So the principle of State Compensation Liability is a systematic project, although the principle of State Compensation Liability facing some problems, but what of its reform is not accomplished overnight, but also many legal scholars continue to conduct in-depth theoretical and practical study.The current countries in the world for the State Compensation Liability Principle mainly attributable to the fault principle and the principle of no fault attributable to the Criterion of Liability. Liability Principle refers to the exercise of public power, when the state exercise of public power, there is subjective or objective behavior exists at fault, and this caused the relative fault of the infringed upon the legitimate rights and interests of the state based on the liability to pay a certain basis. No-fault principle is that as long as the parties can prove their subjected against the results against the people of their right to request to be liable, regardless whether the parties have a certain liability. Principle refers to the state law as long as the exercise of public power in the exercise of public power in violation of the law, thereby violating the legitimate rights and interests relative, the victim the right to require the State to the burden of liability.The three principles of attribution has their respective advantages, there is also insufficient, we have to practice on in our country and the introduction of the reference.The principle of State Compensation Liability system is established through a long difficult process. China's state compensation law had adopted the single responsibility principle, but with the social and economic development, the shortcomings of the Criterion of Liability increasingly prominent. April 29,2010, China's legislature adopted the "modified" State Compensation Law "of the decision." The revised "National Compensation Act" and before "the State Compensation Law," the second control, delete the "illegal" word. Of the "illegal" cut, in our state compensation in the development of the Principles of Responsibility has a major and far-reaching impact. The newly revised State Compensation Law: the original law specified in ArticleⅡof the "illegal" delete the word may in principle play a role in expanding the scope of compensation. The "illegal" to remove the word, that state compensation is not an unlawful act can no longer own the grounds of relief, although there is no state law making the conduct may also be other reasons to assume corresponding responsibilities, which to some extent expanded the scope of state compensation. Second, it reduces the level of the specific interests of the injured person's burden of proof. Moreover, coordination with other laws and regulations to avoid conflict of law departments. Also raises the scholars on the principle of State Compensation Liability controversy. We believe that our law should adhere to the principle of state-based compensation and no fault attributable to the introduction of fault attributable to the principles and the principle of national compensation system in our building system from a wide range of responsibility principle.