The Research On Fault Of Third Party In Administrative Compensation

The perfection of system of fault of third party in administrative compensation is helpful to define the range of compensation. The fault of third party is the direct reason of the damage, thus influencing the range of administrative compensation liability. If the fault of third party is the only cause of the damage, in this situation, the causation between administrative act and damage is interrupted, so the administrative organs should not bear the compensation liability. If both the fault of third party and administrative act are causes of the damage, the existing of fault of third party can lighten administrative compensation liability.If there exists fault of third party leading to the damage, the determination of the administrative compensation liability relies on the review of the constitutive requirements. The review of the causation is the most important part. When we determine the amount of compensation of the administrative organs, we should analyze the fault of third party, the fault of the victim, the effect of administrative act on the damage, the subjective state of the administrative act. It is noteworthy that the administrative organs enjoy the recourse after they bear the liability. The administrative compensation liability is the special supplementary liability of the civil compensation liability, the administrative organs bear the limited liability.As to this kind of cases, incidental litigation is a better choice, there is to say, trying the two kinds of compensation liability in one procedure. There existed related theories to support the incidental litigation. The adaptation of the administrative compensation procedure is needed.