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Discussion of Question Related to Administrative Compensation and Civil Compensation

Author: JiangXiao
Tutor: HuJianZuo
School: Zhejiang University
Course: Administrative Law
Keywords: Administrative liability Civil liability Common Damage Inflicted Administrative incidental civil action for damages Shared responsibility
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 134
Quote: 0
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Abstract


Born out of the civil liability, administrative liability and the lack of independent research and analysis of the period, the administrative liability regime is still not mature enough, both in theoretical discussion or practice operations, often prone to administrative liability and civil liability to be confused, leading citizens The demands caught in the confusion, the trial court trouble. Clarify the relationship between the administrative liability and civil liability, administrative liability truly independent, and improve the administrative compensation system, good for practice, and is conducive to maintaining the authority and impartiality of the judiciary. In this paper, the empirical analysis and value judgment, trial practice and legal system, the academic theory of comparative analysis, divided into four parts to investigate administrative liability and civil liability associated problem. The first part of the \Part II, \21, paragraph 2, of the application of these two aspects of The third part of the \The analysis of the plight of the nature of the responsibility, compensation of damage caused Damage of Public Facilities compensation and administrative contract actions included in the scope of administrative compensation. Part IV, \the status quo; again, the combination of specific cases, analysis of the pros and cons of the mode of trial mode and joinder separate court trial practice; Then, incidental civil action for damages from the establishment of administrative, civil, and administrative action for damages unified 'guidance system of shared responsibility rules discusses try to build the set for the settlement of administrative and civil cases of compensation of damage caused effective system.

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CLC: > Political, legal > Legal > Chinese law > China and France
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