Difference between state compensation and state compensation

National compensation and state compensation The difference between is:

1. The two occur on different bases.

The state compensation is caused by the illegal act of the state organ and its staff, and the violation of the law is the prerequisite; 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 nature of state compensation is that the state makes up for the losses of specific injured citizens, legal persons or other organizations, aiming at seeking the citizens, legal persons or other organizations suffering special losses due to public interests to provide remedies, so as to reflect the balance of interests between them and the general public, and does not mean any criticism of the state. This can be said to be the main difference between the two.

3. Different time requirements.

The precondition of the state compensation liability is the actual occurrence of the damage, that is, there is damage first, and then there is compensation; The state compensation can be carried out either before or after the damage.

4. The two bear different responsibilities.

State compensation liability is based on the principle of monetary compensation, supplemented by restitution and 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. After the state has compensated the victims for their losses, it is necessary to recover compensation from the staff of the state organs who have committed illegal acts intentionally or with gross negligence, but there is no recovery system in the state compensation system.