On The Perfection Of Tort Liability System In China

The establishment of the tort liability of the state organs and their staff members is not produced together with the state,but is gradually established after the Second World War with the establishment of the capitalist system.The existing "Constitution","General Principles of Civil Law","Administrative Procedure Law","State Compensation Law" and some judicial interpretation of the duties of tort liability in China are more or less provided,giving people the right to state responsibility The In particular,the "State Compensation Law" promulgated in 1995 has played an important role in regulating the exercise of public power and safeguarding the legitimate rights and interests of citizens,legal persons and other organizations.However,the "State Compensation Law"was affected by the social and economic historical conditions at that time,there was a narrow range of compensation,the compensation standard was too low,the compensation procedure was unreasonable and so on.Moreover,after the enactment of the State Compensation Law,the legislator did not clear The application of the relationship between laws and regulations,so as to form the current practice of multiple liability for tort liability adjustment model,leading to judicial practice of tortious acts or some of the victims without reasonable basis for relief,the reasonable demands of citizens can not be met,The regulation of public power is also limited.There are many shortcomings in the existing tenure system of torture,the problems of various legal disciplines,the existence of defects in the state compensation law and so on,which leads to the insufficiency of the public authority of the state organs and the insufficient protection of the legitimate rights and interests of citizens.Based on this,this paper focuses on the current situation of our legislation and the problems in the application,and makes a personal proposal on how to improve the system of tort liability in our country with reference to the comparative study of the system of tort liability in foreign countries.The full text is divided into four parts:The first part mainly discusses some basic theoretical issues of job infringement liability.For example,the concept of liability for job infringement,the constitutional requirements and the legal nature of liability for job infringement,the generation and development of job infringement liability,etc.Through the research on these issues,we can have a preliminary understanding of the responsibility of job infringement,The Theoretical Basis of Liability System of Job Torts in Our Country.The second part mainly analyzes the present situation and the existing problems in the application of tort liability in our country.The current conflict and controversy on the application of the law of tort law,and the "national compensation law" there are many shortcomings such as narrow scope of compensation,low compensation standard,unreasonable compensation procedure and loopholes in compensation expenses.This part discusses these problems,summarizes the main problems of the system of tort liability in our country and analyzes the reasons,laying a foundation for the next measures to put forward the solution.The third part is mainly on the study of the tort liability system of some foreign countries.This paper chooses the countries with high levels of rule of law in the Anglo-American law system and the civil law system,such as the United States,Britain and Germany.Through comparison and analysis,the author summarizes the characteristics of their system,and then draws the enlightenment to the construction and perfection of the tort liability system in our country experience.The fourth part focuses on the current problems of liability system of job-related tort in our country,trying to put forward some solutions.The current responsibility system of job-related tort in our country is mainly improved from the following four aspects:First,the general provisions of state compensation are set at the legislative level,but the principle of priority application must be followed;the State Compensation Law preferentially applies the "State Compensation Law" Second,the establishment of the judiciary to establish a civil lawsuit-based civil litigation as a supplement to the position of the infringement damage relief mechanism for victims seeking a better relief approach;Third,modify,Improve the relevant system of "State Compensation Law";fourth,investigate and punish individuals for compensation responsibility of state organs and staff.Through investigating the personal compensation responsibilities of state organs and staff,raising their illegal costs,preventing the abuse of power and abusing their powers,they play a direct supervisory role in the exercise of the legitimate and reasonable state power of the state.