我国国家赔偿违法归责原则之缺陷与完善选择

国家赔偿法归责原则长期以来一直为学术界所诟病,随着市场经济的发展和人们法治观念的增强,国家赔偿法归责原则所存在的问题愈发明显。从国家赔偿归责原则在实践中存在的问题开始讨论,在此基础上阐明了要改变单一违法归责原则,实现归责原则的多元化,形成一种以违法原则为主,其他特殊原则为辅的归责原则体系。

On Defects of Law-violating Liability Principle of the State Compensation and the Selection of improving it

The liability principle of State Compensation Law has long been criticized by the academic community,as the market economy developed and people's rule of law enhanced,the problems of the liability principle of State Compensation Law became more apparent.The article starts to discuss the problems from liability principle of the State Compensation in practice,on this basis sets out to change a single law-violating liability principle and achieve the diversification of liability doctrine,then to form a kind of...