A Study On The Mixed Form Of Administrative Compensation Liability

In recent years,the form of administrative civil mixed compensation liability is a frequent phenomenon in the process of China’s administrative litigation. This form refers to the phenomenon that the administrative organ and the third party in the civil joint tort result in the damage of the administrative relative person’s rights and interests. In the judicial practice, this kind of case has gradually aroused the concern of the society. Released by China’s Supreme People’s court administrative trial case No. 159 cases-- Topaz River v. Tu men City Forestry Bureau of administrative compensation case, the case guidance is civil and administrative liability blend morphology of typical cases, in the judicial practice very representative. The trial results of the case found that the city forestry bureau and the third Huang Yuhe according to their respective fault degree, the cause of damage to the results of the size of the division of compensation liability, that is, by the responsibility. This paper focuses on the application of the law of administrative compensation and civil compensation liability from the perspective of the case.In the trial of civil and administrative mixed liability form case, this paper mainly focus on following problems are discussed. The cases in the trial process should be applied which kind of legal procedure and shall take what kind of responsibility sharing. Through access to the relevant laws and regulations at the present stage of the the People’s Republic of China State Compensation Law and the the People’s Republic of China Administrative Procedure Law of our country at present about problems existing in the mixed form of civil liability for administrative legislation. Describes the meaning of administrative liability for civil compensation hybrid speciation, reason, legal characteristics and the morphological types of basic theory, and with the help of legislation in common law and civil law countries on this issue, albedo, the issue of our country stipulates present situation, and strive to find the corresponding measures to solve the problem of our country civil and administrative liability mixed form cases. In order to improve the mixed form of administrative civil liability for compensation, some suggestions are put forward from the angle of legislation and concrete measures. Explicit responsibility to share the rules of the way to build administrative incidental civil compensation litigation relief procedures and other solutions and recommendations.