国会立法的内容被法院认定违反宪法时 ,属于国家赔偿法上的违法 ;立法不作为时 ,法院承认国会有广泛的立法裁量权 ,但也认为存在违法性不作为的情形。因行政权限不行使发生损害时 ,成立国家的赔偿责任 ,但受到国民法益的性质、违反的义务的性质、注意义务的基准等因素的影响。关于非权力作用 ,理论与判例均未形成一致认识 ,但在学校事故事件、行政指导及信息提供等方面 ,已有适用国家赔偿法的倾向。 When the contents of the legislation of the National Assembly are found by the court to violate the Constitution, they are illegal in the law of national compensation. When the legislature does not act, the court admits that Congress has a wide range of legislative discretion, but also considers that there is illegality. When the administrative authority does not exercise any damage, the liability of the state is established, but it is affected by such factors as the nature of the legal interests of the people, the nature of the obligations violated, and the benchmark of duty of care. There is no consensus on the role of non-power in theory and jurisprudence, but there is a tendency to apply the law of state compensation in school accidents, administrative guidance and information provision.