On The Principle Of Liability For State Compensation

The principle of imputation of state compensation is one of the fundamental issues of the state compensation system.It is of great value to the state compensation system.The main types of state compensation principle are fault liability principle,no-fault liability principle and illegal liability principle.This article analyzes principle of Liability of typical countries outside the region and the principle of liability of China's existing state,points out the defects of applying the illegal responsibility principle to administrative compensation system,and applying the no-fault liability principle to criminal compensation system.Applying illegal responsibility principle leads to a state compensation which ignores the compensation itself and limits the scope of compensation.In addition,applying the illegal responsibility principle constrains the flexibility of state compensation practice;where the victim has faults,this principle cannot balance the responsibility born by the state and the victim.Applying the no-fault liability principle over-restricts the scope of compensation:it denies the compensation to citizens who are found non-guilty after legal detention.This harms the legitimate rights and interests of citizens.In order to remedy the above defects,this article makes two policy proposals.The first is to adopt the principle of fault liability in administrative compensation,which will not only further expand the scope of administrative compensation,but also solve the problem of insufficient flexibility.The second is to extend the no-fault liability principle to mis-detention,which will produce a more reasonable and fair criminal compensation practice.