国家赔偿与民事赔偿的区别（The difference between state compensation and civil compensation）.doc

国家赔偿与民事赔偿的区别（The difference between state compensation and civil compensation） The difference between state compensation and civil compensation is embodied in the following six aspects: First, the subject is different. The subject of legal relation of state compensation is the state and citizens. The legal status of the two parties is equal but not equal; the subjects of civil compensation legal relationship are citizens, and the legal status of both parties is equal and equal. Second, the reasons are different. The reason of state compensation is the state organ and its personnel to exercise the illegal authority, state organs and their staff to manage the identity of the person; the reason of civil compensation is citizens, legal persons and other organizations as equal civil subject. Third, the principle of liability is different. State compensation liability principle is the principle of law, namely in the determination of whether countries bear the responsibility for compensation, a major review in the exercise of its powers in the process of behavior is in violation of the law, and to examine whether the national staff has the subjective intent or negligence; and the imputation principle of civil compensation is mainly the principle of fault identification, in civil tort, not only to find out whether the behavior is illegal, but also find out whether the actor has subjective intent or negligence. If the act is merely illegal, and the perpetrator is not subject to subjective fault, it does not constitute a tort. Fourth, the program is different. First of all, the procedure of investigating state compensation liability is complex, because of administrative compensation and judicial compensation. The procedure of administrative compensation is divided into the procedure of filing a separate claim for compensation and the procedure for bringing together a claim for compensation, and the procedure for judicial compensation is only the procedure for filing a claim f