Study On Torts Of Rural Family Planning Administrative Law Enforcement

Family planning is one of our basic state policy, since the carrying out of family planning policy, China's population growth is under control, meanwhile, population quality is enhanced, it proved that family planning bear much fruit over the thirty years. However, in the course of executing the policy, especially in rural area, some people's personal rights and interests and property rights and interests are often violated. But appropriate body compensates the victim merely according to the current"the State Compensation Law", the victims'lawful rights and interests can't be fully remedied. The purpose of this paper is to discuss how to give victims relief to the utmost extent after administrative torts in executing rural family planning.This paper discusses the torts during rural family planning administrative law enforcement in four parts. The first part introduces the types of tort, including the infringement of personal rights and interests, property rights and interests. The current situation of legal relief of torts in the course of rural family planning administrative law enforcement, the reliefs are mainly from"the State Compensation Law"and"the General Principle of Civil Law". The second part demonstrates the origin, advantage and disadvantage of reliefs from"the General Principle of Civil Law"and the origin, changes and disadvantage of reliefs from"the State Compensation Law"respectively, and compare the two law's reliefs, thus, putting forward my viewpoint that give priority to"the State Compensation Law"reliefs, take Civil Law reliefs as the complementary position. The third part analyzes the key components of the torts in the course of rural family planning administrative law enforcement, including the subject, behavior, damage and causality. The fourth part proposes combining compensatory and punitive reliefs together, increasing the compensation standard in personal injury and enlarge the scope of rendering compensation to mental injury, not only compensate direct losses but also compensate indirect losses in property damage. In short, studying the compensation mode and compensation standard that avail to protect the victim's lawful rights and interests, who suffered torts in the course of rural family planning administrative law enforcement, rendering maximum relief to the victim is the purpose of writing this paper.