突发事件的损失救助、补偿和赔偿研究

Research on Remedies against Losses in Emergent Incidents

对突发事件造成的损失,除因侵权行为引起须由加害人予以赔偿的外,必要时应辅以社会救助;非因侵权行为引起的,以实施社会救助为主。救助在性质上属于社会保障,应以维持被救助者的最低生活为标准;补偿则是国家调控经济的手段,或民事征收征用的对价,或其他合法行政行为所致损失的对价。应进一步发挥保险机制的作用,分别制定贫困救助法和犯罪被害人救助法,建立损害赔偿基金制,对突发事件损失补偿和赔偿的特殊性作出规定。

In addition to the tortious loss that should be compensated by infringer,other losses caused by emergent incidents should be relieved through social aid if necessary.If the losses are not caused by tortious activities,social aid should be considered as the main remedy against such losses.As part of the social security system,the standards of social aid for victims should maintain their minimum standard of living.Compensation is a state-controlled financial method,a consideration of requisition and expropriation,or a consideration of losses caused by other lawful administrative activities.Therefore,it is necessary to emphasize the significant functions of insurance mechanism,enact assistance laws for both the poor and victims,establish the system of damages fund,and regulate special remedies against losses caused by emergent incidents.