论文部分内容阅读
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。
The principle of attribution of state compensation law has long been criticized by academia. With the development of market economy and the enhancement of people’s concept of the rule of law, the problems existing in the principle of imputation of state compensation law have become more and more obvious. Based on the discussion of the existing problems of attribution of liability in practice in China, this article clarifies that it is necessary to change the principle of imputation of a single offense and realize the diversification of the principle of imputation. A special principle of breaking the law should be formed. The other special principles are Assisted by the principle of responsibility system.