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现代社会是一个风险社会,与传统的消极国家相比,政府应当更主动地预防和化解风险,以保护人民的人身和财产安全、增进公共利益。由于国家财力等行政资源的差别,国家应负保护义务的程度亦有所不同。我国立法对不作为国家赔偿的态度较为慎重,需要司法予以跟进,因而必须厘清不作为国家赔偿中的法律难题,避免实践出现混乱。
The modern society is a risk society. Compared with the traditional negative countries, the government should take the initiative to prevent and resolve risks so as to protect people's personal and property security and enhance public interests. Due to the differences in administrative resources such as national financial resources, the extent to which the state should shoulder its obligation of protection is also different. The legislation of our country is more cautious on the attitude of not serving as state compensation and needs to be followed up by the judiciary. Therefore, it is necessary to clarify the legal problems that do not serve as state compensation and avoid any confusion in practice.