On China's Administrative Compensation System

Alter promulagating the《Administrative Procedural Law》in November , 1989 , our country enacted 《National Compensation Law》, 《Administrative Method about National pamages》successively.These Laws and regulations on recovery of loss by administrative means Show that our country have made stipulations on the system of recovery of loss by administrative means in principle .However, these stipulations haven't put in fulfilment in practice . Our legislative body haven't made a concrete analysis of the problems of the organizations which have the right to investigate and claim compensation and the types of the body who was in vestigated and claimed , the principles of dividing the duty of recovery of loss by administrative means , the definite standard of the amount of compensation and the procedure of making a recovery of loss by administrative means .All these problems caused the proper right was given up and abused , There fore ,to make a study on the system of recovery of loss by administrative means can provide mot only the theory on improveing our national compensation system but also gwidance to how to operate in practice .It has both significance both in theory and practice .Nowdays , domestic and international scholars have made some research on the relationship between recovery of loss by administrative means and the administrative compensation , the main body and subjective factors and procedure of the law of recovery of loss by administrative means .But there are still some problems which are not analysised deeply and concretely . such as , the independence of thesystem of recovery of loss by administrative means ,the type of the main body and the different situations of all kinds and the concrete frame of its procedure .etc . come study have little to do with the practice So .the writer make a vinquiry about the system of recovery of loss by administrative means from the following four aspects:In the introduction of the administrative investigation and claim compensation , the writer anlysised the two meanings of our accepted stipulations on this system. He believes that there are some disagreement between the regulations on part or total compensations which was claimed by the govern meat of all levels and the accepted idea of the administrative investigation and claim compensation What's more ,the regulations tike this will lead to the organizations be short of fund and then will influence executing the proper right .In addition ,the writer also make a inquiry about the difference between the administrative investigation and claeim compensation and the disciplinary sanction .In the relation of the legal relationship of adminstrative investigation and claim compensation ,the writer made a thorough study of the various situations of every type according to the theory of different kind if administrative compensation organizations. Particularily, the writer distinct the body who execute the right of investigation and claim ,the body who was investigated and claimed afar replying the argument in details .In the aspect of the duty of administrative investigation and claim compensation, the writer aims at primarily the characters and five terms of the duty an administrative and claim , four principles that divine the duty and the four norms on setting the amount of compensation .In the relation of the procedure ,the writer divide the proceduce into determining ,rescuing executing and supervising and put forward a concrete operational design on the problems which should be definitedin the procedure and de frame of the detail procedures .