National compensation and state compensation The difference between is:
1. The two occur on different bases.
State compensation shall be paid by state organs and their staff illegal activities Cause to Illegal Is the premise; The state compensation is caused by the lawful act of the state, and the violation of the law is not a prerequisite.
2. The two are different in nature.
The fundamental attribute of state compensation lies in the public interest of the state towards specific victims civil law The purpose of compensation for losses of people or other organizations is to find reasons public interest Citizens who suffered special losses legal person Or other organizations provide remedies to reflect the balance of interests between them and the general public, which does not mean any criticism of the country. This can be said to be the main difference between the two.
3. Different time requirements.
country Liability The precondition of "damage" is the actual occurrence of damage, that is, damage comes first and then compensate for The state compensation can be carried out before or after the damage.
4. The two bear different responsibilities.
The State's liability for compensation shall be based on the principle of monetary compensation Restitution , supplemented by return of property; The state compensation liability is mostly to pay a certain amount of money.
5. The responsibilities of the staff are different.
There is a recovery system in the national compensation system. It was compensated by the state victim However, there is no recovery system in the national compensation system.
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