A Study On Allocation Of Compensation Liability In Administrative Omission

In this study, I focused on issues of allocating compensation liability on administrative omission, analyzed and discussed issues for the research through research methods which combined extensive literature and cases, and ultimately proposed solutions on the issues. In the research, I found that there are five allocation patterns on compensation liability of administrative omission in courts:fault-oriented distribution,damage-orienteddistribution, compensation-oriented distribution, reason-oriented distribution and mixture-oriented distribution.These allocation models base on their own realities and theories, but also have many points which are worthy of critical reflection. Thus, after a comprehensive comparison of various distribution models, I presented on my allocation solutions on compensation liability of administrative omission.In my solutions, I advocate reason-oriented model and fault-oriented model as the leading models of the five allocation models in distributing compensation liability of administrative omission. The two leading allocation models have to be applied successively as the follows: firstly, we should use the reason-oriented model to find out the degree of causation which brought damage to the parties in administrative omission, determine the general compensation liability of administrative omission. On this basis, and then we should use fault-oriented model to determine the concrete compensation liabilityof administrative omission. Meanwhile, in addition to reason-oriented model and fault-oriented model, I advocate that we should properly take the damage-oriented distribution and compensation-oriented distribution into account in the allocation of administrative omission liability. In the case which meets certain conditions, we should preferentially make up for the parties’ damage, and in this way, we can make sure that the parties can get fair and adequate compensation in time. But no matter what circumstances, if the parties received compensation from other ways which are conformity with provisions, the administrative compensation liability should be correspondingly reduced or exempted.