JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2002, Vol. 15 ›› Issue (4): 11-16.

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Discussion on Perfecting Administration Tort Duty Systemin China

CHENG Zong-zhang   

  1. Beijing Anti-injustice Competition Law Protecting Center , Beijing 100080 , China
  • Received:2001-05-06 Online:2002-12-25 Published:2010-10-16

Abstract:

Since the establishment of administration litigation, administration reviewand the state compensation systemin China , the building of administrationtort duty systemalready has been greatly strengthened , but some special types of administrationtort duties still need urgent perfection. The prescription should be proclaimedin writing by law; for example , abstract administration actions are illegal or improper , it should not only bear the lawdutythat abolished and changed , but also bear the compensationduty step by step . Administration departments should bear the maintort compensation dutyfor the together illegal actions . The administrationgovernment employees that carry out tort actions should directly bear the part or main compensation duty for the administration counterparts ; their units should bear a certainrelated duty for the special situation. To administration nonfeasance that mixes other tort actions , the counterparts canadopt the relief selection request principle . To administration improper actions , the limitary duty exemption principle should be adopted to confirmthe compensation duty size the state undertakes .

Key words: administrationillegal, administrationimproper, administrationtort, lawduty

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