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国家赔偿能否继续与错案追究挂钩,这对于现行《国家赔偿法》的顺利实施有着重要意义。有权威学者认为旧《国家赔偿法》之所以实施得不够理想,一个主要原因就在于国家赔偿与错案追究挂起了钩。但是,自侵权两分法的角度考察这个问题,则会发现权威学者的这个观点并不完全正确。在国家赔偿和错案追究的关系问题上,正确的做法是:有关公职人员无过错的,不应挂钩;有过错的,必须挂钩。
Whether the state compensation can be linked with the wrongly held case is of great significance to the smooth implementation of the current “State Compensation Law.” Authoritative scholars believe that the reason why the old “State Compensation Law” was not implemented satisfactorily was that the main reason for the state compensation was that the state compensation and wrong-doing cases were suspended. However, examining this issue from the perspective of the dichotomy of infringement will find that this view of the authoritative scholars is not entirely correct. On the question of the relationship between state compensation and the investigation of the wrong case, the correct approach should be: The public officials should be free from fault and should be linked.