The Analysis On System Of Administrative Compensation Regulations

In the modern society, the government's power has intervened in all aspects of people life. In daily life, it is common phenomenon that the administration hurt administrative relatives'rights and interests in order to common rights, the disputes of administrative compensation have increasingly come forth. So, the problem of administrative compensation has become one of the hot topics of the modern society. The forth-amendatory constitution expressly stipulated the regulations of expropriation of land and private property and its compensation on March 14th 2004. On July first 2004, the administrative license law expressly stipulated the principle of reliant protection. The regulations of expropriation of land and private property and its compensation have been established in constitutional stature and the principle of reliant protection have established in legislation are very important to the regulations of administrative compensation. It indicates that people have paid more attention to the regulation of administrative compensation. However, at present, there hasn't an uniform administrative compensation law in our country. There were a lot of regulations related to administrative compensation that became effective in past, but these regulations concerning administrative compensation are separate and fragmentary. So, it is not clear that the kinds of the government bear the responsibilities of administrative compensation generally. The system of administrative compensation regulations is very imperfect. In actual life, there are not uniform standard about whether government administration should bear the responsibilities of administrative compensation according to its legal behavior. So, author analyzes this regulation of administrative compensation from the view of its system, based on scientifically defined the meaning and extension of administrative compensation and discussion the theory of the administrative compensation. Then author try to clear and definite the basic legal kinds of administrative compensation in our actual legislative system through the summarization of the legal kinds of administrative compensation in foreign countries and cleaning up our country actual law and regulations of administrative compensation in order to protect the relatives'interests and rights.This article includes four chapters except introduction and conclusion.The first chapter: Talking about the meaning extension and theory of the administrative compensation.The second chapter: Through the summarization of the kinds of administrative compensation in foreign countries, we can find that the developing tend of the system of administrative compensation regulations.The third chapter: To analyze the problems of the system of administrative compensation regulations through clearing up our country actual law and regulations of administrative compensation, and then point out that lacking of uniform regulation of administrative compensation is the most defects of this system.The fourth chapter: Try to clear and definite the basic legal kinds of administrative compensation in our actual legislative system, then analyze this basic legal kinds one by one.