Research On The System Of Administrative Compensation

The administrative compensation system is important for modern countries, especially for the restriction on the administrative power and the safeguard of citizen's rights. However, because of the influence of collectivism and nationalism for a long time, the legislation of administrative compensation in our country is very backward, the study on related theory is superficial. The current system of administrative compensation in our country can't fulfill the requirement of administrative management, and can't coordinate with the development of democracy and legality. So it is a significant task to research, establish and perfect the administrative compensation system. The basic spirit and principle of administrative compensation assumes tremendous importance in perfecting the system of property right in constitution and protecting the lawful interests of citizens. In 2003, the administration compensation system was brought into constitution. So the unified administrative compensation system should be established as early as possible. In this paper, the author mainly discussed the establishment of administrative compensation system on the base of previous legislation comparing with the system of administration compensation in France, Germany and Britain.This paper consists of three parts, introduction, main body and conclusion. The main content is as following:The first part is introduction, in this part, the article explains the present conditions of the research of administration compensation system, the main problem exposed by present system and the purpose of this article.The second part is main body, and consists of four chapters:The chapter one is mainly about the basic theory of the administration compensation system. Firstly, the article shows the basis of administration compensation. It discusses the economy and idea basis of the birth of administration compensation system, and the development of that system. Secondly, the article is about the concept of administration compensation system. The author introduced the difference between different definitions of administration compensation given by different countries and areas. Considering the reality of our country, the author expounds the definition of administration compensation comprehensively. Thirdly, the nature of administration compensation is defined in this article. The author introduces six different ideas about administration compensation. By analyzing the different ideas, the author thinks that the administration compensation is not only a kind of administrative liability but also a kind of saving administrative action. Fourthly, the article explained the characteristic of administrative compensation. The author made a detailed introduction about the characteristic of administrative compensation from several aspects, such as pre-condition, target, range and way, and expounded the function of administrative compensation system in administrative law.The chapter two introduces the basic system of administrative compensation from four aspects. Firstly, the article discusses the requisites to constitute an administrative compensation which means the needed conditions leading to administrative compensation liability undertaken by government. The author thinks that except the subject of administrative action, other three conditions are needed. They are the existing loss, the fact leading to loss and the causality between them. Secondly, the article is mainly about the range of administrative compensation. The range of administrative compensation is one of the important parts in administrative compensation system. The range of administrative compensation reflects the range of administrative compensation liability undertaken by government, the scope of remedy of civil interests, the extent of authority of judicial organ in the settlement of administrative compensation dispute. After that, the author introduces the range of administrative compensation in existing law. Thirdly, the author analyzes the standard of administrative compensation on the base of current condition and foreign experience. Fourthly, the author makes a comparison of different administrative compensation patterns.The chapter three makes a comparison of the development and present situation of administrative compensation in different countries. The emergence and development of a system shouldn't be fortuitous, it depends on the economical and political situation in which the system lies. The administrative compensation system is such a system. In this part, the author compares the development and present situation of administrative compensation system between different countries, and introduces the superiority and inferiority of administrative compensation system in different countries. After that, the author discusses the development process of administrative law and administrative compensation system in different periods in China in historical angle. At last, the author evaluates the present conditions of administrative compensation system, and points out the shortages exposed by present Chinese administrative compensation system.The chapter four is mainly about the establishment of administrative compensation system. First of all, the article shows the basic principle which should be established in administrative compensation system. The basic principle of administrative compensation system as a guiding ideology of that system should be observed during the process of establishment of that system and it has great guiding sense in the legislation and practice of administrative compensation system. Without an united administrative compensation law and basic principle formulated in constitution, a lot of problems has been exposed in the practice of administrative compensation system. So, we should establish the principle of administrative compensation system first. After that, the article shows the establishment of administrative compensation system. Considering the present conditions, referring to the successful experience in foreign countries, the author thinks, we should make a deep-going research on the administrative compensation system in different countries on the base of the current legislation in our country and formulate an unified administrative compensation law. After that, the author expounds the necessity and feasibility of the establishment of administrative compensation law and make an assumption of the content of administrative compensation law.The third part is conclusion. This part discusses the practical sense of the theoretical research and legal practice of administrative compensation again and the necessity to make further research.