关键词： 行政赔偿, 诉讼, 民事责任

Abstract: Thestate’s response to administrative infraction is power infringement.Dividing line between public and private law makes the limits of State authority and the rules governing their functioning serve as the core elements of social justice maintenance.In natural sense,administrative compensation litigation is that the victims through justice organ ask the State for compensation due to their administrative damages.It is the compensation litigation for the victims of public power damage.Actually based on the principles of our national compensation law,such as proof responsibility,and compensation interest’s disposition,we can clearly find out the distinctive features of criminal proceedings from administrative proceedings.Thereby the nature of administrative compensation proceedings should belong to the national civil responsibility.Only by this position can we perceive the shortcomings of the administrative indemnity and find out some solutions for improvement.

Key words: administrative compensation proceedings, law suit, civil liability