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Administrative Nonfeasance Of State Compensation System Research

Posted on:2019-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:T T ZhaoFull Text:PDF
GTID:2416330545963838Subject:legal
Abstract/Summary:PDF Full Text Request
The state compensation for administrative inaction refers to the damage to the administrative relative man and the state's compensation for the loss of the administrative relative person.Because of the State Compensation Law of People's Republic of China(hereinafter referred to as the State Compensation Law),the administrative inaction is not explicitly included in the scope of the state compensation,which makes it difficult for the administrative counterpart to get timely and effective relief to the damage caused by administrative inaction.Therefore,we should improve the legal system of state compensation in China.In this paper,through Ding Qiang's judicial case,which has been killed by the public security organs for delay in police,it is necessary and feasible to apply the State Compensation Law on the basis of the relevant research results on the basis of the relevant research results,aiming at the problem of the existing disputes in the society,that is,whether the administrative omission is applicable to the State Compensation Law and the distribution of the responsibility for the administrative inaction of the state compensation and civil compensation.The analysis of the constituent elements of the state compensation and the three aspects of the administrative inaction as the state compensation and the distribution of the civil compensation liability are analyzed and discussed around the focus of the dispute,and the relevant foreign legislation is referred to,and the countermeasures are put forward for the administrative inaction of the state compensation problem: first,the administrative inaction is clearly incorporated into the state compensation scope;and second,the application of the administration in the distribution of the liability for compensation is applicable.The principle of indemnity.
Keywords/Search Tags:Administrative inaction, State compensation, Allocation of responsibilities
PDF Full Text Request
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