Study Of The National Compensation Criterion Of Liability

According to the general principle of the criterion of liability,essential attribute of t he criterion of liability will be achieved,and the State Compensation Law of the criteri on of liability theory hotbed and its own characteristics will be clear. With historical p rinciple, the historical evolution of the State Compensation Law of the criterion of lia bility will be summerized and the main problems will be analysed, that is, the lack of t he criterion of liability. The criterion of liability in the field of executive compensatio n, for instance, is too sole; the flexibility of Illegal criterion of liability is not enough; t he scope of compensation caused by the Criterion of Liability is too limited and condi tional results in principle lead to the field of judicial compensation that may arise in th e implementation of terms of abuse. In order to solve problems in practice, combined with useful experience attributable to the principle of extraterritorial State Compensati on Law, that our country should focus on their actual situation and follow the internati onal trend attributable to the principle of building a wide range of system. In addition, following the state compensation law attributable to the principle of the upper value,th e principle system should be built which is suitable for China’s illegal and fault liabilit y principle-based, supplemented by other principles of the imputation.