Scope Of Administrative Compensation

Nowadays, China is in the period of transformation and leap-forward development. During this period, the adjustment of interest pattern causes the intensifying social contradiction, frequently-occurring social conflicts, and increasing instable factors, while one of the most important reasons for those phenomena is the narrow scope of administrative compensation. Unfortunately, there are few scholars focusing on the specific detailed studies on the administrative compensation system, and the existing studies are either staying in the basic levels, such as introducing the definition or theoretical foundations, or staying in the macro level. In practice, due to the lagged theoretical studies which lead to the unscientific confirmation scope of administrative compensation, a large amount of disputes occur and some even are evolved into mass incidents threatening social stability. Based on the deficient theoretical research on the scope of administrative compensation and the practical disputes, this study probes into it and hopes to booster the reasonable confirmation of the system.In Chapter One, this study concerns the administrative compensation as the logic start, during which the scope of administrative compensation is a subsystem. On this basis, this study makes a rational definition of the administrative compensation based on the analysis of existing mainstream views on the connotation of it. At the same time, in order to provide reasonable support from the theoretical level, this paper explores the theoretical basis of administrative system. The discussion shows that it is more convincing and reasonable to combine the theory of the protection of human rights, the theory of special sacrifice and the theory of public burden according to certain procedures. This chapter concludes by defining the scopes of administrative compensation:behaviour scope, rights scope, loss scope and depth scope.From both the internal and external factors, Chapter Two discusses some effects on the scope of administrative compensation, such as the development of its theory, the adjudgement criteria of public interest, the country’s focus on the private rights, the country’s economic development, the legal development, civil rights awareness. The discussion shows that the above-mentioned factors are in a positive relation with the confirmation of the administrative compensation, i.e. the more complete the theory of administrative compensation scope is, the more reasonable its confirmation is, and vice versa.Chapter Three gives a brief introduction to the scope of administrative compensation in Britain, America, France, Germany, Japan and Taiwan in our country. By the introduction, it provides the valuable references, which are hoped to benefit the perfection of the scope of administrative compensation. Chapter Four starts with the brief introduction of the behaviour scope and right scope of our administrative compensation system, and the discussion of some current controversial issues, such as abstract behaviour compensation, administrative contract behaviour compensation, administrative guidance behaviour compensation and the behaviour compensation for good Samaritan acts. On this basis, this chapter proposes that the behaviour scopes of our administrative compensation should include:compensation for expropriation, requisition compensation, compensation for trust, public power collateral effects compensation, compensation for restrictions on property rights, necessary management compensation, and compensation for personal rights damage, etc. The scope for rights should include the compensation for the damage of both property rights and personal rights.Chapter Five inquires into the deficiencies of the current administrative compensation system in our country both in depth scope and damage scope, such as the lack of guiding principles in constitution, the serious loss of compensation criteria in separate law, the disunity, illegality, low standard and lack of operability in the existing compensation system. The reasons for these deficiencies can be generalized as:the traditional influence of more focus on public interests, the lack of unified law-making and the lack of operability, underdeveloped privacy protection system and the superficial studies on it. Finally, this chapter concludes that the scope of our administrative compensation should obey the principle of "with the complete compensation as principle, with the appropriate compensation as exception". The damage scope of the administration compensation in our country should include not only the direct damage, but also the indirect damage; not only the material damage, but also the spiritual damage.