前言笔者出生于台湾地区民主改革开放时代之后,此前台湾地区历经解除戒严、报禁、党禁、开放大陆探亲等重大政策之更迭,民间力量获得释放,随而要求人权法治之呼声日益高涨,执政当局莫之能御,遂而从善如流,制订各种“挑战公权力”之法规,其中以1981年颁布施行之“国家赔偿法”(以下 Preface The author was born in Taiwan after the era of democratic reform and opening up, after the lifting of martial law in Taiwan, newspaper ban, party ban, opening up the mainland to visit relatives and other major policy changes, the release of civil power, which calls for the rule of law of human rights is growing louder and louder, ruling The authorities are unable to resist the imperial court, but from the good manners, to formulate a variety of “challenge the public power ” laws and regulations, which promulgated in 1981, “State Compensation Law ” (hereinafter