Reconstruction Of State Compensation Liability Principles

All the time, Fair Liability Principle has been used as a civil imputation principle in study,In the field of State Compensation, Fair Liability Principle has seldom been mentioned.In state compensation, Fair Liability Principle is used in cases that when state organs and their staff exercise their functions and powers according to the law, the legitimate rights and interests of citizens, legal persons and other organizations are actually damaged by above behaviors.According to the law,Judges can make an decision based on considerations of equity and combining all relevant factors which request compensation organs to make up for losses wholly or partly.It can be introduced into the field of State Compensation as an imputation principle.In view of this thought, the article will be divided into four parts to launch the elaboration. the implementation of the Fair Liability principle. Firstly, the paper will elaborate the suitable domain of Fair Liability principle, namely it is suitable in the domain of part legislation compensation, part compensation caused by legal act and compensations brought by taking refuge from danger urgently in the work of state staff. Secondly, the paper will analysize the Fair Liability principle’s suitable condition, namely the objective factors must be explicit. For the Fair Liability priciple’s introduction, the scope of the state compensation will be expanded.Then the legislative compensation and the partial state compensation may be integrated into the state compensation domain. But the most direct effect is that the state compensation’s imputation principles will change systematicly with the Fair Liability priciple’s introduction,namely a new kind system which will be made up of the Illegal Liability principle,the Negligence Liability priciple, the No-Fault Liability principle,the Result Liability principle and the Fair Liability priciple will be established.In the new kind system, the Illegal Liability principle will play the leading role, the Negligence Liability priciple, the No-Fault Liability principle and the Rresult Liability principle will play the supplement role together,and the Fair Liability priciple will play the supplement role.