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由于行政不作为的特殊性以及国家赔偿因果关系制度的滞后性,要证明行政不作为与损害结果之间的因果关系显得异常困难。因此,合理确定行政不作为赔偿诉讼中因果关系的认定规则,对及时公正处理行政赔偿纠纷具有重要的意义。要构建行政不作为赔偿因果关系的认定机理,需要引入因果关系推定学说理论,并与司法实务操作相适应,完善我国国家赔偿因果关系制度。
Due to the particularity of administrative omission and the lag of the causation system of state compensation, it is very difficult to prove the causal relationship between the administrative omission and the damage result. Therefore, it is of great significance to deal with the administrative compensation timely and fairly in order to rationally determine the rules that the administrative malpractice as the causality in the compensation lawsuit. To establish the mechanism of determining administrative causation as a causation, we need to introduce the theory of presumption of causation and adapt it to judicial practice to perfect the causation system of national compensation in our country.