On The System Of Official Immunity

In the modern society ruled by law,governments need to ensure that civil servants can actively and effectively exercise their powers to carry out social management,and also ensure that civil servants do their duty of care in the performance of their official duties to avoid the abuse of power.Reasonable official immunity system can promote civil servants to exercise their functions and powers in accordance with the law.They do not have to worry too much about taking responsibility,nor can they exercise their functions and powers at will.At the same time,in the process of performing official duties,civil servants should bear personal compensation liability for their tort with serious fault or negligence.A reasonable official immunity system can not only guarantee civil servants to exercise their functions and powers according to law,but also make the infringed get timely and effective compensation,which is conducive to easing the conflict between the state,civil servants and the infringed counterpart and achieving a dynamic balance.At present,the advanced countries under the rule of law have basically established a relatively perfect system of official immunity,and combined with the civil servants’ tort liability system,and constantly developed.But at this stage,the research on civil servants’ official immunity and tort liability in China is not perfect.In practice,there are some problems,such as vague legislation,unclear scope and wide gap of civil servants’ immunity,which lead to civil servants’ arbitrary use of authority in the performance of official duties or fear of responsibility.This requires a reasonable official immunity system to regulate,to promote civil servants to better perform their administrative functions and powers.In theory,our scholars’ understanding of the official immunity system is not deep enough,and there is no civil servants’ personal tort liability system.There is a big gap in the legislation,which needs to be improved in combination with the practice.Therefore,foreign business in different countries in the immunity system and associated with the personal responsibility of civil servants law and the judicial practice on the basis of investigation and analysis,draw lessons from the beneficial experience of their side in the face of our country,combined with China’s unique social and cultural background,in the immunity system clear business related connotation,theoretical basis and on the basis of functional meaning,Explore an effective way to reform and perfect the system of official immunity in China.Through improving legislation,reasonably determining the scope of official immunity,establishing a personal liability system for civil servants,and implementing a system of accountability and compensation,the reform of the legal liability system for civil servants has been deepened to build a more efficient and accountable government.