职务侵权民事责任若干问题探讨

国家赔偿属于民事责任中的职务侵权民事责任,国家赔偿法应当在赔偿范围、归责原则等方面作必要的修改。民法通则关于职务侵权民事责任的规定极少,且极为原则,现有的民法典草案也未作系统、全面的规定,建议增加相关条款。

Discussion on Several Issues Concerning Tort Civil Liability

State compensation is a kind of tort civil liability of post in the civil liabilities. The state compensation shall be amended in the aspects such as the scope of compensation, and the doctrine of liability fixation. In the general principles of civil law, there are few provisions about the tort civil liability and the provisions are very principled. The existing draft of the civil code has no systematic and comprehensive regulation. Relevant provisions are supposed to be added.