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An Analysis of State Compensation for Nonfeasance |
Department of Philosophy, Nanjing University |
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Abstract According to the theory of social contract and popular sovereignty, the government should carry out the common right entrusted by the people. If an administrative organization fails to perform its duties and results in infringe upon the legal rights of administrative relative person, the government must take the responsibility of compensation. Due to its complication, the state compensation for nonfeasance is excluded form state compensation in the newly amended "Law of the People' s Republic of China on State Compensation". The state responsibility of compensation for nonfeasance, especially its components, must be further studied.
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