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职务行为是行政侵权赔偿的要件之一，这在各国的赔偿理论和立法中已是共识。我国《国家赔偿法》第３条规定行政赔偿应当是行政机关及其工作人员在行使职权时的行为，并且《国家赔偿法》第５条第１项规定：行政机关工作人员与行使职权无关的个人行为的国家不承担赔偿责任。可见?
Duty behavior is one of the most important elements of administrative tort compensation, which is the consensus of the compensation theory and legislation of various countries. Article 3 of China’s “State Compensation Law” stipulates that administrative compensation shall be the act of an administrative organ and its staff in the exercise of its functions and powers and Article 5, paragraph 1, of the State Compensation Law stipulates that staff members of administrative organs shall not be involved in exercising their powers Countries that do not accept liability for personal acts. visible?