Research On The Administrative Compensation Of Emergency Need And Damage Of Our Country

The administrative compensation of emergency need and damage refer to the recovery that the administrative main body legally to suffers on behalf of the country which specially harms the administrative relative person implements, because legitimately exercises the administrative emergency power to give the administrative relative person legitimate rights and interests to create specially harms, during the process of tackling the accident. The administrative compensation of emergency need and damage is the emergency operation last the link, alter this completion of work quality not only relates arise suddenly the event to have the social product life order restoration, simultaneously also relates the populace facing arise suddenly when the event to process the personal interest and the public interest manner, thus the influence future possibly will have crisis melting which arise suddenly the event to create. The administrative compensation of emergency need and damage meet the anxious administrative action to be legitimate is a premise, take creates the special harm to the administrative relative person's legitimate rights and interests as the junction, take to suffers the administrative relative person which specially harms to carry on the recovery as the goal. The system of The administrative compensation of emergency need and damage maintains social stability and promote harmony of life and production significant, because of protecting administration relative legitimate fights and interests of people.Our country's legal standards relating suddenly event involve the natural disaster, the public health event, the accident disaster and the social security and so on many domains, but because "rule by people" traditional influence deep, the emergency procedures very were at will strong. Exercises administrative emergency power aspect and so on restriction in the practice about the administrative relative person's right safeguard and to the administrative main body has very many problems. So This article suggested though clearing about content scope, standard, procedure, relief and so on, taking fairly compensation and the human rights safeguard as the principle, in order to further consummates the administrative compensation of emergency need and damage of our country.