Administrative Compensation Of The Third Party Fault Cases

Per the cases occurred while the third party harmed The rights of administrative relative person, Whether the administrative relative person can obtain administrative compensation? Article 5 of the state compensation law, because the citizens legal persons and other organizations own behavior, thereby causing the damage occurred, the state does not assume liability to pay compensation. So can we decide the third party’s fault would lead to the situation of non-responsibility of administrative organ? Article 5 of the state compensation law and article 17 of the provisions of the scope of administrative compensation and criminal compensation liability for other circumstances stipulated by law. To these clauses, some scholars believe that the law lacks clear explanation, but should include the force majeure circumstances specified in article one hundred and seven of the general principles of the civil law. However, there are also some scholars argue that other circumstances stipulated by law including force majeure Postal communications and can be compensated by other mean. But most scholars believes other circumstances prescribed in the law refers to the force majeure The third party fault Justifiable defense emergency actions, etc The author agrees with the force majeure Justifiable defense emergency actions belong to other circumstances stipulated by laws, but to the third party fault is necessary for other circumstances stipulated by law that is open to question Due to the third party fault is often encounter problems in processing of state compensation cases, at present there is no corresponding judicial interpretation, in practice is not easy to grasp, so in theory to be discussed, for correctly guiding the judicial practice, the great significance.In which case the administrative procedure law and relevant laws and regulations for the third party fault cases of administrative compensation responsibility does not have a specific rules can be used as a criterion, such as China’s national compensation law stipulate the personal or property damage of the administrative relative person can obtain the right to recover damages, and a variety of common fault is classified as national does not assume liability to pay compensation, and does not state does not assume liability to pay compensation is completely exempted from liability for administrative subject or partial exemption, the provision also contains an out clause, or under other circumstances stipulated by law countries do not assume liability to pay compensation, the situation does not make detailed specifications for what kind of situation is the same as prescribed in article 121 of the general principles of the civil law: a state organ or functionary of a state organ in performing their duties, encroach citizen, legal person’s legitimate rights and interests is caused damage, shall bear civil liability, and the provisions of the regulations on administrative penalties for public security, the related provisions of administrative procedure law of only the legitimate power.