On Administrative Compensation Procedure

The administrative compensation procedure is a vital part of the administration compensation system. The administrative compensation is a very important legal system for restraining government power and safeguarding civil rights in modern legal state. The procedure is the centre of law. so the significance of the administration compensation legal procedure is not lower than that of the administrative compensation substantive rules. The life of law is to be enforced and we still face very severe situation although we have complete administrative compensation legislation that is to insist on the top authorities of Constitution and Statute and adhere to strictly administrative compensation procedure in order to protect legal rights of people who have rights to get administrative compensation.The Introduction states the functions of the administrative compensation procedure in modern legal states and the body is composed of four chapters.Chapter One introduces fundamental theories of administrative compensation procedure including fundamental theories of administrative compensation, fundamental theories of administrative compensation procedure and functions of administrative compensation procedure.Chapter Two introduces the legislation and practice of the foreign administrative compensation procedure and the influences to us. The thesis mainly introduces administrative compensation procedure in USA, France, Japan and the influence of them to China. Compensation procedure of public imposement and requisition can be divided into administrative procedure and judicial procedure. Administrative compensation procedure can be carried out crossly between administrative procedure and judicial procedure. Compensation can be decided by establishing a central third party assessment institute. Legal compensation procedure of imposement and requisition under emergent situation must be envisaged.In Chapter 3,the author introduces the current situation and existing problems of administrative compensation procedures in China. We can find out the causes of the incompleteness of administrative compensation procedures by introducing current situation and analyzing existing problems and analyses the existing problems to make a good preparation for the following suggestions.In Chapter4, the author gives some suggestions to complete administrative compensation procedures in China. In order to complete administrative compensation procedures in China, we should construct it under guidance of correct legal ideas, pay attention to several procedural rights of people who have legal property rights and benefits, establish confirmative procedures of aims of public benefits, fundamental principles of administrative compensation procedures and make regulations concerning administrative compensation procedures clear based on the previous two chapters.