Studies On State Compensation Imputative Principle

In the state compensation law, it is importance of state compensation imputative principle. It is not only the basis of the standard which measures the compensation, but also can directly reflect the value orientation of the sate compensation.it is a necessary premise of state compensation elements, the scope of compensation, compensation certification process, distribution of providing evidence and so on.Firstly, the article elaborates the legal definition, type and function of the state compensation imputative principle. Then it summarizes the current state compensation imputative principle in characteristics and tendency by comparing and analyzing other states’. Thirdly, in combination with relevant acts of our state compensation law, it analyses the characteristics and drawbacks of state compensation imputative principle.One the one hand. we are praise the achievement of the new state compensation law. It successfully modifies the system of state compensation imputative principle. It breaks through the single mode of state compensation imputative principle, which is applicable for more than decade. In second clause, it deletes the "illegal" and abandons the long-term overarching situation. Result imputation principle is written in it. Thereby it becomes a two-element system of state compensation imputative principle. But on the other hand, the law doesn’t set which principle is the basic state compensation imputative principle in the general provisions.we only can analyze a few of principles are scattered in the sub-provisions, resulting in the illegibility of system.In addition, the law doesn’t include compensation for legislative acts, compensation for the damage caused by public facilities, compensation for discretional acts. Finally, the article suggests several improvements on the existing defects of state compensation imputative principle. In order to protect the legitimate rights and interests of citizens, legal persons, other legal organizations from the infringement again, it tries to improve state compensation imputative principle. Construct the system that fault imputative principle is foundation, and illegal imputative principle, the result imputative principle and flaw imputative principle are assisted. Strive to maximize the coordination and harmonization between the legitimate rights and interests of citizens, legal persons and other organizations and the state compensation imputation.