试论国家赔偿责任与国家机关侵权民事责任

Tentatively on State's Liability for Compensation and State Agency's Tort Liability

国家赔偿责任和国家机关侵权民事责任制度自确立以来,两者的界线一直比较模糊,在司法实践中混为一谈,国家机关侵权民事责任诉讼空置。通过对两者的比较分析,论证国家赔偿责任和国家机关侵权民事责任是性质不同的两种法律责任。在理论上厘清国家赔偿责任和国家机关侵权民事责任的区别,对于在司法上落实国家机关侵权民事责任提出对策。即首先要不断发展社会主义市场经济建设,加强法治建设;其次加强国家机关侵权民事责任和民主与法治的宣传教育;再次,不断加强司法独立。

The system of state's liability for compensation and that of state organs' tort liability, since their establishment, have been in confusion, chaos in juridical practice and vacancy in the lawsuit of state agency's tort liability. Through the comparative analysis between them, this paper demonstrates these two distinct legal obligations : Theoretically, the differentiating provides a countermeasure for carrying out the judicial tort liability of state organs; In practice, it means continuously developing socialist market economy, enhancing legal construction, strengthening the propaganda and education of democracy and law as well as the tort liability of state agency, and meanwhile reinforcing judicial independence.