The Administration Compensation For The Inaction Of The Public Security Organ In Domestic Violence Cases

On March 1,2016,the Anti-domestic Violence Law of our country was formally introduced to practice,which has provided a series of duty to act for public security organs against domestic violence including "police respond in a timely manner to stop the violence".However,in practice,for such cases,such problems as behind-time police response and inaction in the name of family conflicts still existed among public security organs;the omission of public security organs could even result in greater personal injury to the victim.Should such omission of public security organs be considered constituting duty infringement for omission?Based on these losses,should the victim have the right to file for national administration compensation against the infringing public security organ and receive such compensation therefrom?Combined with the tort theories and components and principles of national administration compensation,the author adopted case analysis,compared analysis and other methods and was convinced that victims in cases of domestic violence should be entitled to claim for national administration compensation from public security organs for their omission and receive such compensation.To demonstrate the point,this paper is developed in four parts.In part 1,overview,the author mainly introduced the general situation of domestic violence and the particularity of cases of domestic violence;provisions in the Anti-domestic Violence Law on the duty of act of public security organs,and;legal liabilities in the judicial practice of our country for public security organs' omission such as behind-time response.In part 2,comparative study,the author mainly discussed the recognition and application of administrative omission and state compensation in different countries from the perspectives of the Anglo-American legal system and the civil law system respectively.Part 3 is a comparative study of theories,in which the author compared the two systems theoretically addressing the present situation of more and more civil and administrative-mixed cases featuring the batterer's acts and public security organs'omission combined with infringement in similar cases of domestic violence,so as to better guide the state compensation against public security organs' omission in cases of domestic violence in our country.In part 4,state compensation for public security organs' omission,the author discussed the liability for compensation for public security organs' omission in domestic violence cases and the application of civil liability and administrative compensation in cases involving both of them from the perspectives of tort theories and components of state compensation respectively.On such a basis,the author mainly proposed suggestions for improvement on the part of legislation and cases,hoping to better the institutional arrangement of state compensation for public security organs' omission in our country.