Executive compensation and civil liability and Distinctions

Civil liability for tort is a pArty to the other pArty suffered damage liability. Around the world in the early stages of administrative compensation system for Civil damages have reference theory (such as the responsibility principle, components), the procedures for Civil compensation. Article 121 of Civil Code also state organs and their staff in the process of performing their duties as a special kind of infringements of the provisions of tort, established the country's Civil liability. prior to the implementation in the State Compensation Law, are in accordance with the State Compensation civil compensation standards and procedures. Therefore, civil compensation and executive compensation exists between the closely linked. However, there are also some between the differences in:
1, the main difference. Executive compensation to individual citizens, the State's liability, the formation of the state and citizens of the question of legal relations, and civil liability for individual citizens to the civil liability of individuals, the formation of the Citizen and the Citizen the legal relationship between the.

2, for different reasons. Executive compensation is due to administrative violations, and civil compensation due to tort. Administrative violations of administrative organs and their staff in the implementation process of the exercise of authority against the citizens of legitimate rights and interests of the country The role of power, and neither tort "administrative organs and their staff," the main limitations, there is no "during the exercise of authority" that limit.

3, the coverage is different. The scope of civil liability is greater than the scope of executive compensation. The reasons for executive compensation act, the scope of the damage were limited by the State Compensation Law, the state does not have all of the tort liability, not on administrative violations to be caused by compensation for all damages, compensation for administrative violations only on personal rights and property caused minimal direct damage. and this is different from civil liability to exist in all tort, tort damages were not only full to the various legal rights and interests of victims of direct damage, but also to compensate some loss of possible benefits that compensate for the indirect losses.

4, attributable to different principles. The principle of civil liability attributable mainly to the principle of fault liability, dangerous, supplemented by the principle of responsibility, and the principles of administrative liability attributable to a variety of some countries to implement the principle of fault liability, some countries the implementation of the principle of fault liability public, some countries implement the principles of Law.

5, the procedures are different. To resolve disputes in civil compensation procedure is arbitration, civil litigation, and settlement of administrative compensation proceedings in the administrative process, administrative review procedures and administrative proceedings.

6, according to different. Executive compensation is a legal responsibility on public Law, the legal basis for the Administrative Procedure Law, the State Compensation Law and other legal norms of public law, and civil liability is the liability of private law, which is based on civil law and other legal norms of private law. Links to Research Papers Download http://www.hi138.com