刑事赔偿中国家危险责任与国家侵权责任的区分——责任的竞合及责任的归属

To Differentiate between State Risk Liability and State Tort Liability from Criminal Compensation Respect

新《国家赔偿法》确立了二元归责原则,即违法归责原则与结果归责原则。两原则的区分意味着对国家侵权责任与国家危险责任的区分,因此在刑事赔偿中,赔偿义务机关后置原则能否一如既往的继续是值得讨论的。

New ＂State Compensation Law＂ sets up dual liabilities principles,an attribution of responsibility in two-element,that is a law-breaking liability and a non-law-breaking liability.The differentiating between this 2 principles,means a differentiating between state risk liability and state tort liability.So it is necessary to make a further discussion that who will be the compensation organization in the new law.