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executive compensation, the state administrative organs, the implementation of national civil servants and other public agencies and staff behavior, or in tort under the supervision of their management or object to others caused damage to homes around compensation. China's State Compensation Law will be of such executive compensation is not included.
In fact, about 80% to 90% of cases involving state compensation be addressed in the administrative authorities. The use of first principles to solve the specific issue of compensation in two modes: one is the people do not consult with or discuss the request, the victim can only passively accept or reject this decision, such as Austria, South Korea; the other is the agreement for the final processing results, such as the United States and Singapore.
of the provisions of the State Compensation Law judicial compensation, and its scope limited to criminal damage compensation, the state of human Civil Hospitals in civil and administrative law proceedings to take compulsory measures against obstruction of proceedings, security measures or judgments or orders and other implementation of effective legal instruments to damage caused by errors in liability.

(b) Comparison of the national responsibility principle of compensation

Third, the executive is not as defined in State liability law

Second, the administration is not the objective existence as illegal. First, has a positive implementation of the statutory obligation of the Chief as the main, as there is no legal obligation to perform; second, has a positive duty to implement the main body of the legal administration as is the case may be implemented not implemented; here will constitute the executive is not as illegal.

Case Description: Hongqiao been in the construction lemma in Qijiang County of Chongqing and is responsible for project approval, planning and design, the small bidding process, quality supervision, construction permits, etc. statutory functions of the departments did not according to law, failed to fully perform their duties, resulting in Hongqiao works as perform their statutory duties, lead to tragedy. Although after the responsible person subject to criminal penalties, but, for many victims and their families, their loss but no corresponding body to bear.

3. Unique principle of the Swiss system of law, that duty attributable to the fundamental criterion for the offense, and asked whether the fault. Compared to say, the principles of law recognized standards to achieve the objective, its principles out of the fetters of faults is undoubtedly the fault than the official theory of cleaner, more thorough, longer with no subjective virtual color. However, the principles of law violations in the position to judge the standard definition of the meaning and there was still to be further standardized and improved.
I. State Administration Omission realistic liability cases
2. Britain, pod, Germany, Japan and home to the same fault principle (subjective fault) is attributable to the principle of the system. Fault principle to joint tort theory and reasonable solution to the accountability hybrid fault, the fault principle has a rational side, that government action exists in the evaluation of the legal value of the fault, which is the fundamental basis for the claim, which prompted the Government to act according to law act. There is a big fault principle drawbacks, the main line is not conducive to the victim claims the right to use the home. Because the victim difficult to prove illegal state organs or public officials perform their duties and causing damage to the subjective fault.
[Abstract] administration is not as an act relative to the administration of administrative acts. Similarly Administration Omission give citizens, legal persons and other organizations of the legitimate rights and interests of damage. The original , made a perfect right angles of view.

Treatment against the administrative authorities can be made to the people's court proceedings. within the statutory time limit shall be given compensation.

in real life, because the executive did not perform their statutory duties and responsibilities, resulting in citizens, legal persons and other organizations of the legitimate rights and interests have been damaged. For example,[link widoczny dla zalogowanych], Qijiang County, Chongqing City Hongqiao collapse events:
the state administration is not liable for illegal, you must have the appropriate conditions, namely the constituent elements,[link widoczny dla zalogowanych], which is to distinguish between the liability key issues.

should see Qijiang County in Chongqing City Hongqiao collapse in the case of government administration not as an individual is not real life, more generally,[link widoczny dla zalogowanych], for not as a legal entity by the administrative organs and forbear worth of damage. Such damage is by the national compensation? From what I see around the existing laws, , the executive refuses or fails to respond However, the The resulting administrative Omission countries to discuss the issue of liability perish.
Chief State Compensation Omission

[Paper Keywords] administrative omission; illegal; state compensation; responsibility; Foreign Comparative

(c) an action for damages on the comparison
In addition, a few compensation system more developed countries there are compensation legislation, military compensation, and state management of public facilities not owned or state caused by the lack of compensation. Compensation Act of the same family are not included.

situation in many countries from the world of executive compensation programs are usually divided into two stages: first by the executive to resolve the issue of liability within the ; the second stage to solve the issue of compensation by the court.

(a) on the overall composition of the State Compensation Law Comparative

Compensation Law of the State legislature to fully absorb the beneficial ingredients abroad,[link widoczny dla zalogowanych], the issue of the responsibility principle selected the .
Second, the foreign national administrative law system of compensation does not compare as
First of all, must be a responsibility to actively implement the statutory obligations of the Chief Executive as the principal (including its staff, administrative body entrusted by the individual, the same below.) First, the administrative body must bear the administration as a positive implementation of the statutory obligations; second, the appropriate administrative body must have jurisdiction.

1. France used to become the main public service fault management,[link widoczny dla zalogowanych], hazardous duty, supplemented by the principle of responsibility principle system. Fault as the fault of public objective, it weakened the public service reprehensible personal subjective morality, and its objective aspect covers not only illegal, but also some of the legal acts. To compensate for risk of administrative relief official ill-fault defects, the French administrative courts also introduced the principle of liability in order to improve the risk. More articles related to topics：

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