Public Policy Profit And Loss Compensation For The Transition Period

Public policy is process that public authority is order to solve problems and satisfy a public demand for distributing value and benefit. In the allocation process of the values and interests, the first consideration is public interest, that is the most people's interests. In this process, in order to implement the public policy smoothly, the interests of some people likely will be damagedChina is undergoing social transition period, our country need to re-allocation interests by public policy. In this process the interests of some people likely were damaged, but did not receive reasonable compensation, lead to many conflicts of interest. Recently, an increasing number of mass incidents were largely arised from the problem of loss-compensation of Public Policy. The current academic research of loss-compensation focus on the macro level, such as the context and significance of loss-compensation. these studies are too general and doesn't have a practical nature. This article study of the problem from the view-level, on the basis of the macro level study the fundamental principles and methods implementation of loss—compensation, such as the theoretical basis of loss-compensation, the plight of loss-compensation, the reasons and the countermeasures of loss-compensation problem.Focusing on the interest, this paper discuss the basic theory of loss-compensation, such as public policy, publicness of public policy, loss-compensation of public policy. Then on basis of the history of loss-compensation, this paper analyses some problems of loss-compensation, such as the scope of compensation is too narrow; the standard is too low,the way of compensation is too single, the compensation isn't timely, the compenation is lack of transparency.And then applying the social justice theory, governance theory, the externality theory, this paper analyse the reason of the current plight of loss-compensation: the relevant laws do not sound, the main policy-making pay not enough attention to loss-compensation, the implement main of public policy is interest-oriented, the monitoring mechanisms is lack of effectiveness, the damaged people is disadvantaged status. Under referencing the foreign experience, this paper think that we should solve the loss-compensation plight from the two aspects of system and mechanism. Firstly, from the system, we should establish the correct value of the compensation, sound the legal system about loss-compensation, improve the monitoring system about implementation of loss- compensation, establish the effective complainant system. Secondly, from the mechanism, we should sound public participating mechanism about loss- compensation, improve foreseeable mechanism about loss- compensation, improve diversified compensation mechanism, improve the transparency mechanism about loss- compensationOn the concept of a harmonious society, his paper analysis the problem of loss-compensation in transition period full, give some proposed measures about how to solve this problem, this have important theoretical and practical significance.