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On The Administrative Compensation

Posted on:2006-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y H LiuFull Text:PDF
GTID:2166360155975209Subject:Law
Abstract/Summary:PDF Full Text Request
As for regulating the operation of national power, protecting relative person's property right and realizing the endurance of fundamental human right,Administrative compensation, as a modern legal system which reconciles public good and private good, has profound theoretical and practical meaning. Although theoretical practice for many years in our country, it mainly concentrates on the aspects of collection and requisition of civil property right. As the idea of honest and credit is input, the trust protection increasingly becomes significance. Administrative Permission Laws firstly establishes the system of reliance interest compensation, but scholars seldom write works and papers to discuss it in our country. This paper emphasizes on the reliance interest compensation in Administrative Permission Laws,but it not only concentrates on itself, but also obverses the whole administrative compensation system, and provides the theoretical element for researching the whole administrative compensation system. This paper is just written out of the authors thinking on these questions .It makes an analysis of general theory of administrative compensation and reliance interest compensation in a variety of explorative ways such as logic, reasoning and historic, comparative and empirical analytic ways. Furthermore, through analyzing the rule of reliance interest protection in Administrative Permission Laws, It deeply demonstrates the question of reliance interest involving in the change, withdrawal and cancellation of administrative permission, and puts forward the suggestion that relative person should be endowed the alternative right to the cancellation of administrative permission. Finally, probing into the conceive of legislation, the scope, principle, procedure of compensation, the author tries to perfect the system of reliance interest compensation, in order to regulate the act of administrative permission, protect relative person's legal right and benefits as largely as possible.
Keywords/Search Tags:Administrative compensation, Administrative permission, Reliance interest
PDF Full Text Request
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