Research On Position In Tort Responsibility Of State Organs And Their Staff

The21st century is an information explosion, economic globalization, science andtechnology is highly developed era. Trade and economic integration, leading to a resource inthe global configuration; highly developed network makes life on Earth distance betweenpeople getting smaller and smaller; transportation and communication technology, especiallydigital information technology developed, making fusion and collision of differentcivilizations have become increasingly frequent. Under such a background, human rights,human spirit and philosophy of humanism been more different civilizations and cultures ofpeople’s identity. To adapt is, respect for and protection of individual rights has become aninevitable trend of human civilization. It can be said that the21st century the century of therights of both a trend, but also a violation of the rights of more vulnerable century. Inparticular, the rights of private relief absolute right as a starting point and end point of theTort Liability Act, in the21st century must be at the increasingly important role, play anincreasingly important role. In social life and economic activities in the modern division oflabor, hands-on, Scots impossible, both individuals and enterprises and government agencies,and sometimes required to help others engaged in some work or career. In such cases, whenpeople were using against the legitimate interests of others, should be liable for damages aswell as how the issue of who will bear in the course of performing their duties, has becomean important issue of law.This article is divided into five parts, the first part is the introduction, mainly from thestate organs and their functionaries infringement generated background, showed behalf of thestate to accelerate the implementation of management practices and regulatory adjustments tothe national authorities in the process of social and legal construction of the necessity of itsstaff "powers act" or "official act" in the text detail the purpose and meaning of the article,current research and research methods and innovations.The second part of the concept, mainly from state organs and their functionaries to startinfringement clarify responsibility it is performed by state organs and their staff lawless dutiesresulting damage to the legitimate interests of others and should bear, and analyzes the characteristics, and describes the difference between it and state compensation,"StateCompensation Law" administrative liability and judicial liability and other related concepts,and then introduced its nature, mainly from the state organs and their functionaries belongingtort law duty or private liability, vicarious liability or responsibility for their own two aspectsare discussed, their behavior clearly identify the nature of the commitment and responsibilityof duties violations is important, then introduces the types and history of state organs and theirfunctionaries infringement.In the third section describes the state organs and their functionaries tort liabilityresponsibility principle, that is, when the relative of a person’s rights are being infringed,whether the State should compensate, on what basis compensation is the fault of theperpetrator or the damage has been caused to the results as the basis, or to conduct illegal asthe basis cited in the main text of this call for different academic ideas, including theprinciple of fault liability, the principle of objective rules and the principle of liability withoutfault, I think, for the country organs and their functionaries tort liability without fault shouldapply the principles and specific reasons explained in the text, then introduced the constituentelements of state organs and their functionaries tort liability, and elaborate their exemptions.In the fourth section discusses the commitment of state organs and their functionariestort liability, mainly cited in the text bears the main state organs and their functionaries tortliability, the legal relationship between the parties that damages, including directperpetrators, organ liable for compensation victims and compensation claimant, and to bedefined state organs and their functionaries infringement main range, then detailing the scopeof state compensation, methods and procedures.Finally discussed are state organs and their functionaries tort liability system problems,primarily related to our "State Compensation Law," the deficiencies and problems in judicialpractice, and then describes the state organs and their functionaries tort liability systemperfect, including modification "State compensation Law," the coordination of severalrecommendations and the requirements of the law of state organs and their functionaries tortliability. The author in the article pointed out that although the legal basis of State liabilityand State agencies Tort Liability is consistent, that the people of sovereign states, the peopleare the main body of state power, all state organs are under a legal obligation to protect the legitimate rights and interests of citizens, but but in reality there is a conflict and disharmonyvarious provisions of this law that need to construct a complete legal system to eliminate alllegal requirements in some of the provisions of a repeated conflict and paradox as possible forthis writer, should be combined with China’s national conditions of China’s legislature,drawing on practices in other developed Western countries, to develop a clear and reasonablelaws to effectively protect the legitimate rights and interests of citizens.