论矿难的国家赔偿责任

自2004年末以来,我国重特大煤矿安全事故频发,引起了社会各界对矿难的广泛关注。其中矿难赔偿系焦点问题之一,但综观相关研讨,大都仅限于煤矿企业的赔偿,国家赔偿则几无涉及。而矿难国家赔偿责任的确立,无论在理论上还是实践中均有其积极之意义。基于国家赔偿责任在本质上是一种特殊的民事责任,故在认定和实现的过程中不能仅仅依据《国家赔偿法》,亦理应遵循相关的民事法律规定。

On the State Compensation Liability for Mining Accidents

Since the end of 2004,mining accidents with heavy casualties have occurred frequently,which drew great attention from all circles of the society.Especially,compensation came to be a focus.However,most of indemnity is paid only by mining enterprises,not by state.So fixing liability to pay compensation has a positive meaning either in theoretical research or in practice.The state compensation liability is a kind of civil liability,so we should abide to not only the Law of the People's Republic of China on State Compensation but also the rules of the civil laws.