Research On The Compensation Liability Of Public Security Organs Failure To Perform Legal Duties

With the increasing number of cases in which the public security organs fail to perform their statutory duties,the identification of the compensation liability of the public security organs fails to perform their statutory duties has become a difficult problem in the state compensation.The failure of the public security organs to perform their statutory duties has a certain degree of concealment,and the damage caused is difficult to be obvious and direct,but its harm even exceeds the administrative chaos.It is important to urge the public security organs to fully perform their statutory duties in accordance with the law.In order to guarantee the legitimate rights and interests of administrative counterparts to be compensated,it is imperative to study the compensation problem of the public security organs not performing their statutory duties.Based on new administrative procedure law amended in 2015,online collected in the written judgment of 22 typical case study,on the basis of research at present,the court in the trial practice of the public security organ fails to perform the statutory duty liability trial train of thought,at the same time analysis of influence of the public security organ fails to perform the statutory duty liability share allocation factors.In addition,it proposes measures to solve the existing problems,including but not limited to improving the standards for determining public security organs’ non-performance of statutory duties,optimizing the distribution standards of compensation liability,and improving the state compensation law.The main body of the article consists of five parts.The first part is the introduction.This paper mainly introduces the research background,research status and research methods,and summarizes the previous research results by combing the literature in detail.The second part mainly studies the concept of non-performance of statutory duties,constitutive elements and the distinction between administrative omission.The third part through the judicial documents from China online collected 22 typical case,to the public security organ fails to perform the statutory duties of general element of the liability to paycompensation is studied,including the behavior factor,damage the cognizance of facts,and fails to perform the statutory duties and the causal relationship between damage facts,etc.The fourth part analyzes the factors affecting the distribution of compensation liability for the public security organs’ failure to perform their statutory duties,including the magnitude of the cause force of the damage,the fault degree of the damage,and how to reasonably allocate the share of compensation liability in the case that the third party jointly causes the damage.The last part is the suggestion part,which puts forward to improve the relevant provisions of the national compensation law,improve the standards for the determination of non-performance of statutory duties,and optimize the distribution standards of compensation liability.