国民对国家的请求权研究

On Citizens’ Right of Claim for State Compensation

在我国,虽然法治国家的表达早已在宪法中确认并经多年实践,但距真正的法治社会还有些遥远。其主要的社会原因在于没有形成市民社会与政治国家的两分。虽然许多学者已经意识到这一点,并对该问题作了深入的研究,但在这些研究之外还应当关注一个根本性的问题,即两者分离的基础与界限:国民对国家的请求权问题,这种判断是以一定的政治、哲学理论为基础的。要想在我国形成市民社会与政治国家的两分,不仅要在价值理念上树立国民对国家的请求权观念,还应在制度上保障其得以实现。

In China, although the building of a legal state has been written in the constitution and great efforts have been made for years, there is still a long way to go to achieve the status of legal state in its real sense. The main social reason for this is the lack of separation between civil society and political state. Now many scholars have realized this and have made in-depth research in the area. However, a fundamental question is yet to be answered： what is the foundation and boundary of this separation？ We believe citizens’ right of claim for state compensation should be based on certain political and philosophical theories. In order to separate civil society from political state in China, it is necessary not only to make the concept of citizens’ right of claim for state compensation well-established, but also to guarantee its realization with institutions.