The Research On The System Of Administrative Compensation

The system of administrative compensation is the system which the administrative subject, based on the need of public right, gives compensation to citizens, regal person or other social organization, because of their lawful rights and interests were damaged by the subject legally. This system fully reflects the ensurance of civil rights, the relationship of antagonism and coordination between public interests and private rights, so it is an important legal system that can not be dispensable to legal state. By now, the system has not been taken seriously by the circles of our country's administrative jurisprudence, and the government also has not made unified law to arrange it. The administrative compensation system in force of our country is far away from meeting the need of administration, and also can not fit the development of our country's democratic and legal construction. In this circumstances, study the system, and establishing and perfecting it has become an important task of our country's administrative law. The system of our country's administrative compensation has many defects: On legislation, the basic principle of administrative compensation has not been set in constitution, the law of administrative compensation has not been published, and some stipulations about the compensation by special enactment are in disorder; On law enforcement, administrative compensation lacks valid supervision, the enforcement of it is not normalized, the procedure of it is in disorder; On judicature, the court often avoids hearing the case of administrative compensation, the judicial remedy of the compensation is not strong. All these are caused by lacking of attention, deeply-rooted traditional ideas, backward theoretical studies, obviously-lagged legislative techniques and limited financial resoures of our courtry ect. From now on, on legislation, we must change the idea of administration, strengthen the theoreticas study, add regulations of basis principles of administrative compensation, publish administrative compensation law recently and perfect the stipulations about the compensation in special enactment; On law enforcement, strict the procedure of administrative compensation, increase the supervision and constraint of administrative power, enbance the ability of...