2007•Unpublished venueRequires access
On the Nature of the State Compensation Liability──Query the 121st Article of the General Rule of the Civil Law
Ding Jia-hui
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Abstract
It is open to discussion that the duty tort liability is defined as a kind of civil liability in the 121st Article of the General Rule of the Civil Law.The duty tort liability of the state organs and personnel and the civil liability are different in essence.Opposite to the private nature of civil law liability,the state compensation is a kind of public law liability.The two things are different both in theory and in the procedure operation.Besides these,the legal liability of the improper plant construction and management should also belong to the state compensation liability in essence.