Principle Of Culpability For State Compensation

When the state organs and their staff’s act together with the other main body behavior when the victim loss, state organs should be how to bear the responsibility? State compensation is a special tort compensation, it is business main body in the performance of the duties the injury caused by citizens, legal persons or other organizations, shall bear the liability for damages, but as a result of state compensation, civil compensation and criminal incidental civil compensation on tort subject, imputation principle, there are many different compensation scope, etc. So when business main body of infringement behavior and infringement of private subject should fit more responsibility main body how to became a problem. In this paper, by introducing the basic theory of tort liability law comprehensive consideration of the particularity of state compensation,analyzes the components of mixed state compensation liability and types, and analyzes the illegal imputation principles and results the essence of the imputation principles, proved that the mixed state compensation liability imputation principle is the essence of fault imputation and illegal imputation imputation system. Found in the imputation system, national compensation and civil compensation, the criminal supplementary civil compensation in common. Released in 2001, the supreme people’s court of the supreme people’s court on whether or not to the public security organ fails to perform the legal and administrative responsibilities of administrative compensation responsibility "(interpretation" [2001] no. 23) : due to the public security organ fails to perform the statutory duties, causing the legitimate rights and interests of citizens, legal persons and other organizations to suffer damage, should undertake administrative liability to pay compensation. It establishes a mixed state compensation responsibility undertake according to the principle of responsibility. Approval but the approval is only as a case, mixed state compensation liability type is rich, is more complex, simply press responsibility and cannot completely solve the mixed state compensation liability are faced with the problem in the judicial practice, and also can not find the corresponding basis in theory. In this paper, the types of mixed state compensation liability,whether through participation and the main body of infringement for the discharge of official duties as a form of division, responsible for joint and several liability or according to the responsibility, to make corresponding to the magnitude of the infringement responsibility, at the same time protect the legal rights and interests of the victim. At the end of the paper by state organs with the state organs as not as illustrated how to bear the liability mixed do, and on this basis, illustrates the reason and state organs shall be liable to make judgement of fault factors.