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新修订的《国家赔偿法》并没有为国家赔偿经费提供有效的立法保障。要进一步明确国家作为国家赔偿责任主体的法律地位,为公共财政支付国家赔偿金提供法律依据,在公共财政体制下,各级财政对国家赔偿的支出责任应按照产生国家赔偿的公共产品的支出责任划分,同时规定中央财政承担补充责任,对有过错的国家机关和国家机关工作人员追偿,遏制国家赔偿金的绝对数量,以减轻国家赔偿的支出负担。但国家机关和国家机关工作人员承担的不是国家赔偿责任,而是对内的组织法上的责任。
The newly revised “State Compensation Law” does not provide effective legislative guarantee for the state compensation funds. It is necessary to further clarify the legal status of the state as the main body of state liability for compensation and provide the legal basis for public finance to pay state compensation. Under the public finance system, the responsibility for expenditure of State compensation at all levels of finance should be in accordance with the responsibility of paying for public goods At the same time, it stipulates that the central government should assume supplementary responsibilities, recover the state organs that have errors and the staff of state agencies in order to curb the absolute amount of State compensation, so as to reduce the expenditure burden on state compensation. However, the responsibilities of state organs and staff of state organs are not the responsibility of state compensation, but rather the responsibility of the internal organization laws.