A study of comparative law concerning administrative litigation and the state compensation system-focused on the systems of main western countries and eastern Asian countries

本文的研究可以说是笔者对中日两国国家赔偿制度进行比较研究的一个延续。本文在更大的范围内，以西方主要国家法国、德国、英国、美国以及亚洲国家特别是东亚国家的国家赔偿制度为研究对象，从东方法与西方法不同的文化传统背景出发，既有西方国家国家赔偿制度与亚洲国家赔偿制度的差异，又有西方大陆法系国家赔偿制度的影响司法赔偿责任作为国家赔偿制度的重要组成部分，在涉及司法公正的刑事、民事案件和执法活动中，因警察和其他官员的违法行为而产生的司法赔偿责任是本文的重点。对各国司法赔偿制度的特点和构成司法赔偿的条件进行了详细的研究。此外，还对司法赔偿中的几个问题及其解决途径进行了探讨。

This research can be considered as a continuation of my comparative study about the state compensation system in Japan and China made previously. In this article, on a larger scale, the state compensation system of main western countries, France, Germany, Britain, U.S.A, and the Asian countries, especially eastern Asian countries, are involved as the study objects.Storting from the different cultural and traditional background of Oriental law and Occidental law, not only the differences of the state compensation system between western countries and Asian countries but also the influence of state compensation system of western countries based on Continental law system and Anglo-American law system received by Asian countries are discussed.As an important component part of state compensation system, the liability of judicial compensation due to the illegal actions occurred injustice of criminal and civil cases and in law enforcement related to justice by policemen and other officials has been chosen as the focal point of this article. The characteristics of judicial compensation system and the required conditions in constituting judicial compensation of each country have been studied in detail. Besides, several issues related to judicial compensation and ways of solution are also discussed.