The article 17 of the Japanese constitution says that the people who gets damages by torts of public officials will get compensations from the state or public bodies according to the law.So the state compensation law was made.By this law,the dogma that the state has no liability of compensation was completely overcome.
The article 1 paragraph 1 of the state compensation law says that when public officials of the state or public bodies who use public power give damages illegally with intention or fault under doing services, the state or the public bodies have liability of compensation.
"Public officials" are users of public power."The state or public bodies" are the subjects of public power.
"Use public power" does not contain private economical mater.For example,medical treatment of public hospitals is not public power.
"Under doing services" contains acts that looks like regular services.
"Illegally" means against of laws.It is same as the administrative suit law.
"fault" means violation of oblige about services.
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