我国《国家赔偿法》树立了保障权利与促进国家机关依法行使职权的双重宗旨,但在实践中加以落实却并非易事。本文通过对虚拟版“有人落水案”和现实版“单据赔偿案”进行分析,认为应将保障受到公权侵害的公民合法权益为基本宗旨的《国家赔偿法》定位于社会法,在权利救济与责任追究上确立有别于传统法律观的观念。 China’s “State Compensation Law” has the dual purpose of safeguarding the rights and promoting the state organs to exercise their functions and powers in accordance with the law, but it is not an easy task to implement them in practice. Based on the analysis of the virtual version “case of falling into someone ” and the actual version “case compensation ”, the article states that the “State Compensation Law” which is based on the basic principle of protecting the citizens’ legitimate rights and interests infringed upon by the public rights should be located in the social law , In the right relief and accountability to establish different from the traditional concept of law ideas.