프랑스의 국가배상책임에 관한 연구

In France la responsabilité administrative has been developed centering around a precedent of Conceil d'Etad. and the contents of that is consist of responsabilité pour faute, responsibilité sans faute. responsabilité pour faute is admitted only in the cases that servant's faults are faute de service. So the distinction of faute de service and faute individuelle is important. In connection with that, The theory of cumul des fautes and cumul des responsabilites are discussed. The Conceil d'Etad built up s general principle of liability of administration without fault based upon the 'responsabilité pour risque', as one of responsibilité sans faute, in the course of 20th century. This liability is primarily based on that what is done in the general interest even if done lawfully may still give rise to a right of compensation when the burden falls on one particular person. The principle of 'Egalité devant les charges publiques', which is founded in Déclaration des Droits de l'Homme et du Citoyen, requires the sharing of public birdens, and that when a citizen has sustained loss due to the action of the administration such a loss should not be born by the citizen alone even though the action of the administration complained of was lawful.