A Study Of The State Compensation For Administrative Illegal Inactivities

China’s State Compensation Law was promulgated on May12,1994, and officially take effect on January1,1995. Its introduction, carrying the expectations of the whole society for the rule of law, and is considered to be "a great process of democratic and legal system."However, in the past two decades, the embarrassment of the judicial practice time reduced the expectations of it, even some people think this is a "National Un-Compensation Law". The reason In addition to the external legal environment is not perfect, and supporting systems to be improved, the legislation itself is also exposed the shortcomings. Until April29,2010, the14th Meeting of the National People’s Congress passed the State Compensation Amendment of the law. In contrast, the newly revised scope of state compensation, the state organ liable for compensation, State Compensation methods and standards, state compensation program, the four major content more clear and practical operability. However in the countries concerned liability constitute the elements of the causal, the relations has yet to be addressed from a legislative level.The Causation Relationship is the fundamental conception of State Compensation, more than draw on the theory of tort, not yet formed an independent system of theory,"the State Compensation for Administrative Illegal Inactivities", Academics tend to define it for legal cause problem.But the Damage of Causation Relationship and its identification principle is always without making in-depth analysis to explore.This article choose the case of "Zhang Meihua sue Mai Ji Public Security Bureau" to analyze the Administrative Omission and the Damage of Causation Relationship for its identification principle. It is composed of three parts:Part One, Introduces the basic facts of the case and disputing parties, and then summary the the points of this case. Part Two, Legal analysis of the contention,focus on analysis of the Causation Relationship between the Damage Result and the Administrative Omission. Part Three, Summarizes the practical experience of trial to discuss the possibility to compensate the lack of legislation system under the existing framework.In the Conclusion, the author put forward a proposal on the perfecting China’s State Compensation Law, and the improvement of the system through a administrative view of the Trial Judge.