Discussion On The National Indemnification Responsibility Of Abstract Administration Behavior

In the special national conditions of China, the facts that the abstract administrative actencroach on citizen, legal person and other organization has become more and more, butCompensation law of the people’s Republic of China only given citizens, legal persons andother organizations the right to state compensation in accordance with the law in theirlegitimate rights and interests have been violated illegally by the specific administrative act ofthe state organs and their staff caused damage. For the abstract administrative act as illegaldamage, our law is essential to take the exclusion of national compensation relief way. but thefact that the Illegal damage of the abstract administrative act is far greater than the specificadministrative act, According to the principle of right relief, should pay more compensation tothe abstract administrative act, to maximize the effective protection of the rights of citizens.This paper investigates the national reality and the experience of foreign countries，Theabstract administrative act into the scope of State Compensation Law damage relief hasbecome a trend；And to explore our country abstract administrative act into law the legal basisfor damage compensation and realistic conditions，think of our abstract administrative acts ofthe state compensation system be imperative, and according to the abstract administrative actdifferent established different way of relief.The main contents are follows: Firstly, Overview of abstract administrative acts.Secondly, explain The necessity to assume the burden of state compensation of abstractadministrative act. The third, to clarify the particularity of the liability of abstractadministrative act. The fourth, analysis of the feasibility of state compensation of abstractadministrative act in China. The fifth, to clarify the abstract administrative act liabilityimputation principle and constitutions and finally, suggestions on the construction of thecompensation system of abstract administrative action.