Civil servants' prevention of job-related torts

Author: Liu Dawei
Publisher:
Publish Date: 2004-09-01
Features: The term "national organ" refers to the general designation of various organs that are legally established and exercise state functions. From the perspective of legal person qualification, national organs are also legal persons. As long as they are established or set up in accordance with relevant laws and administrative orders and possess independent funds, they can become legal persons. However, when national organs engage in state management activities, they act on behalf of the state and in the name of the state, rather than in the name of the legal person. Therefore, the tortious acts of national organs are fundamentally different from the public power acts of ordinary legal persons. National organ staff refers to personnel who hold positions in national organs according to the provisions of the law, either through elections or appointments by authorized bodies, and hold positions of corresponding ranks. This includes: administrative staff of various levels in national administrative organs elected or determined by various national power organs, administrative staff appointed by authorized bodies in accordance with the law, and other administrative staff. The tort of national organ staff is a special type of tort, referring to the act of national organ staff who represent the state in exercising power, which, in the process of performing their duties, violates the legitimate rights and interests of citizens, legal persons, or other organizations due to the illegality of their actions in executing their duties.