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The Achievement of National Compensation Liability

Author: TangXiaoZuo
Tutor: HuXiaoHua
School: Xiangtan University
Course: Constitutional and Administrative Law
Keywords: state violation national compensation responsibility realization
CLC: D922.11
Type: Master's thesis
Year: 2010
Downloads: 54
Quote: 0
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Abstract


State violation, as an objective existence, no country can completely prevent its occurrence, the state violated the rights of individual citizens widespread phenomenon in the world,The state is not a mysterious object overriding national laws, but a legal subject of public legal nature. As Montesquieu said, "From eyes of civil law, all individuals will be the entire country." The state should assume responsibility as ordinary entities for it’s violation to the legal civil rights compensation. Why the state should be responsible for it’s violation to civil subjects is that it’s behaviors change what the civil rights should be. The nature of the responsibility is private, and there should not be essential differences between the national compensation litigation and the ordinary civil litigation.National compensation responsibility, in the course of its implementation there are a lot of theory and practice from the confusion, how the actual operation of the system, but the state respects and safeguards human rights and people’s control and the rule of law restricting the right of the national public the true start。Only when the state and the victims confront on an equal legal status can national rights be restricted effectively. And only when human rights are fully respected in the substantive laws and procedure laws are fully respected can real democracy and law ruling will be formed.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Administrative decree
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