On The System Of Administrative Compensation

Recently, there is quiet great progress in the study of administrative law and the theory of administrative law has been formed. But in the past years, we didn't give much more attention to the theory of administrative compensation though it is very important in administrative law. Although there are some separate stipulations appear in some laws and regulations, they are too imperfect to fulfil the demond of the development of modern construction of legal system. Considering the situation, the writer gives a complete and thorough study in the system.Chapter I is about what administrative compensation is. In this part, according to the analysis of different points about what administrative compensation is, the writer puts forward the following views of points which play a foundamental role in this article: administrative compensation is a kind of administrative acts, which is to offset people's damage resulting from the behavior done by bodies of executive power in order to meet the public interest. The writer also analyses the relations between administrative compensation and state compensation.Chapter II is about the bases of administrative compensation. From philosophy, the theory of extra damage and equility before pulic burden are the same, which gieve a good reason for administrative compensation from the cause or the result. The protection of human rights and the idea which property right is not absolute are the constitutional bases of administrative compensation. In this part, the write also explores the relations between administrative compensation and the theoretic basis of administrative law and the basic principle of administrative law.Chapter III is about the system of administrative compensation in western countries. In this part, the writer gives a comparative study and draws some common points in the composing, principles, component parts, procedures and remedy of the system of administrative compensation in those countries.Chapter IV is about the system of administrative compensation in our country. In this part, the writer analyses the situation of the system of administrative compensation in our country and puts out how to improve our system.