On Some Issues In The Scope Of Administrative Compensation

The scope of Adminstrative compensation is an important and essential part of the Administrative Compensation system, whose dimension directly affects the protection and realization of citizen's legal rights. Although the scope of Administrative Compensation in each country is different, there looms a tendency of extension.Among the elements which affect the scope of Administrative Compensation, the principle of liability is the most important one. To comply with the scientific principle on the basis of establishing reasonable Administrative Compensation. The scope of Administrative Compensation should make some progress out of the present limit. This article analyses the situation from 4 points, which include the principle part of tort, the scope of tort, the scope of damaged right and the scope of tort compensation.Since the establishment of the administrative compensation system in China, it plays a big role in realizing the remedy of citizens. However, there are also some problems in reality, which include the principle party of tort is not very accurate, lacking the clear clause on administrative fact and the damage of public facility, the scope of damaged rights as well as the scope of compensation are narrow. Thus the current system can't provide a complete remedy for citizen's damaged rights.This article select some issues. According to the existed fault of Administrative Compensation System of China, this article aims to improve the scope of Administrative Compensation System based on the advanced precedents of foreign countries. Thus give a sound meaning of Administrative Compensation.