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国家赔偿因国家机关及公务人员侵权行为所致。然侵权行为又有执行职务与非职务,故意过失与无过错之分,因而,在什么情况下公务员个人承担责任,什么情况下国家承担责任,国家责任与公务员责任有何关系等问题值得探讨。 在许多国家,由于存在民事赔偿与国家赔偿之分,因此解决公务员行为造成的损害也出现了几种途径:一是要求公务员个人负赔偿之责;二是要求国家与公务员连带责任;三是国家负赔偿责任,公务员对受害人负责。
State compensation due to infringement of state organs and public officials. However, the infringing act has the functions of performing duties and non-duties, negligence and faultless. Therefore, under such circumstances, civil servants should take personal responsibility and under what circumstances the state should bear the responsibility. What is the relationship between state responsibility and civil servant’s responsibility? In many countries, due to the existence of civil compensation and state compensation, there are several ways to solve the damage caused by civil servants’ behavior: First, civil servants are required to bear personal liability for compensation; second, they are required to take joint responsibility with civil servants; third, Negative liability, civil servants responsible for the victims.