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国家对行政行为侵权承担责任是因为公权力侵权。公私法的分野导致限制国家权力、规范其运行成为维护社会正义的核心内容。行政赔偿诉讼应是受害人通过司法机关让国家机关对自己的行政行为所造成的损害进行赔偿的诉讼,是公权力致害的损害赔偿诉讼;从我国《国家赔偿法》的基本程序原则如举证责任、赔偿权益处分等方面,也显现出其不同于刑事诉讼和行政诉讼的特征。因此行政赔偿诉讼的本质属性应当是国家所负的民事责任。只有如此定位,才能使我们站在更高起点上审视我国的行政赔偿诉讼性质,找出不足,提出完善行政赔偿诉讼的方向。
State responsibility for infringement of administrative acts is due to infringement of public power. The distinction between public and private law led to the limitation of state power and the standardization of its operation as the core of maintaining social justice. The lawsuit of administrative compensation should be a lawsuit that the victim makes the state organ compensate the damage caused by the administrative action of the state organ through the judiciary and is the lawsuit of damages for the damage caused by the public power. From the basic procedural principle of “State Compensation Law” Responsibility, compensation for the rights and interests, etc., also showed its different from the characteristics of criminal proceedings and administrative proceedings. Therefore, the nature of the administrative compensation proceedings should be the civil responsibility of the state. Only in this way can we stand at a higher starting point and examine the nature of our country’s administrative compensation lawsuit to find out the deficiencies and put forward the direction of perfecting the administrative compensation lawsuit.