Orientation for the amendments to the State Indemnity Law of China |
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| Authors: | Kai Wang |
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| Institution: | (1) Public Administration and Organization Science, Vrije Universiteit Amsterdam, De Boelelaan 1081, Amsterdam, 1081 HV, The Netherlands;(2) Public Administration and Organization Science, Vrije Universiteit Amsterdam, Amsterdam, The Netherlands;(3) Public Services Management and Head of the Fraud Management Studies Unit at Teesside Business School, University of Teesside, Middlesbrough, UK;(4) Criminology Group, University of Lincoln, Lincoln, UK |
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| Abstract: | Traditionally, the understanding of the demarcation between indemnity and compensation starts from Rechtswidrigkeit (illegality).
However, with the rise of “Erfolgsunrecht theory” and the objective base of negligence, and with the convergence of the theoretic
bases of compensation and indemnity, the demarcation between compensation and indemnity is vanishing. This phenomenon should
have given rise to our retrospection on the traditional research on the methods of state indemnity, which, at the same time,
would be of a big influence on the orientation of the amendments to our State Indemnity Law and how to adopt the legislation on administrative compensation. Hence, it is necessary to reconstruct the elements of state
indemnity and administrative compensation. |
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