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2010年颁布的国家赔偿法对于原有的国家赔偿法第二条做出了重大修改,被广大学者们认为是“国家赔偿法最大的亮点”。该法第二条规定“国家机关和国家机关工作人员行使职权,有本法规定的侵犯公民、法人和其他组织合法权益的情形,造成损害的,受害人有依照本法取得国家赔偿的权利。”笔者认为,国家赔偿法的归责原则的改变是可喜的成绩,但我们在曾经的国家赔偿法中可以找到相应的文本内容,现在只是在总则中的确认。
The State Compensation Law promulgated in 2010 has made major changes to Article 2 of the original State Compensation Law and is regarded by most scholars as the “biggest bright spot in the state compensation law.” Article 2 of this Law stipulates that “Where the staff of state organs and state organs exercise their powers and power to violate the lawful rights and interests of citizens, legal persons and other organizations as provided for in this Law and cause damage, the victims shall have the right to state compensation in accordance with this Law . ”The author believes that the principle of change in the principle of liability of state compensation is a gratifying result. However, we can find the corresponding textual content in the former State Compensation Law, which is now only confirmed in the General Provisions.