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现行的国家赔偿范围太窄,既不符合国家机关职权行为的实际,也不利于充分和全面保护受害人的合法权益。本文认为,确定国家赔偿范围的原则是:有损害即有赔偿的原则,坚持以职务行为确定国家赔偿范围的原则,拓宽归责原则扩大赔偿范围的原则。建议修改《国家赔偿法》,将以下行为或事项纳入国家赔偿范围:赔偿范围模式改为概括式,各类权益均纳入国家赔偿责任范围,抽象行政行为损害赔偿纳入国家赔偿范围,增加合法行为的补偿责任范围和公共设施致人损害的国家赔偿责任,法院错判行为的国家赔偿责任,限制免除国家赔偿责任的范围,行政合同中的损害赔偿纳入国家赔偿范围,军事行政损害赔偿也应当纳入国家赔偿范围。
The current scope of state compensation is too narrow, neither in line with the actual state authorities act, nor conducive to the full and comprehensive protection of the legitimate rights and interests of victims. This paper argues that the principle of determining the scope of state compensation is that there is the principle of compensation for damages, the principle of determining the scope of state compensation by the act of duties and the principle of broadening the principle of imputation and expanding the scope of compensation. It is suggested to amend the State Compensation Law to include the following acts or issues in the scope of state compensation: the scope of compensation should be changed to the general formula, all kinds of rights and interests should be included in the scope of national liability, the compensation for abstract administrative acts should be included in the scope of state compensation, and the legal acts should be increased The scope of compensation and the public facilities caused damage to the state liability for compensation, the court misjudgment the state liability for compensation, to limit the scope of exemption from national liability, compensation for administrative contracts included in the scope of state compensation, military administrative damages should also be included in the country The scope of compensation.