What are the constitutive requirements of China's state tort liability?

The constitutive requirements of state compensation liability refer to the conditions that a state should have to undertake compensation liability, which is of great significance in the state compensation system. There are four main situations: 1. Subject elements Subject elements refer to whose actions the state is responsible for. The state is only responsible for the infringement of the subject within a certain range. First, state organs, including administrative organs, procuratorial organs and judicial organs. The second is the organization authorized by laws and regulations. The staff of state organs are entrusted by the state to perform their duties, and the effect of their actions belongs to their organs or countries. 2. Constitutive elements of tort The constitutive elements of tort mainly solve what behavior can cause state compensation liability. The tort element of state compensation is the illegal exercise of authority, which includes two contents: (1) The act that causes damage must be the act of performing duties. As for the damage caused by the civil acts of state organs and the personal acts of their staff, the state shall not be liable for compensation. (2) The act of performing duties must be illegal. 3. Damage result element damage refers to the adverse consequences caused to the legitimate rights and interests of the victim. The compensation is the loss. Without damage, there is no compensation, and state compensation is no exception. However, the damage mentioned in the state compensation must be of a certain nature, and only the damage with a certain nature can cause the state compensation: (1) The damage must be realistic and definite, that is, the fact of the damage must be the fact that it has occurred and does exist, and the state will not compensate for the damage that may occur in the future; (2) the damage must be directed at the legitimate rights and interests, and the illegal interests are not protected by law and do not cause state compensation liability. If the illegal income is confiscated, although the confiscation may be illegal, the state will not compensate because it is illegal income. 4. Causality elements Causality elements, that is, the damage result must be caused by illegal performance of duties. There is a causal relationship between the two, and the state will bear the liability for compensation. The element of causality is to solve the problem of what kind of behavior causes damage results, so as to preliminarily clarify the possibility of the subject of the behavior to bear the liability for compensation.