The Legislation Consummation Of Administrative Compensation Scope

The scope of the administrative compensation refers to the liability that the administrative organization or its personnel should hold if they cause damages to a citizen, legal person or other organizations, when exercising its functions and powers in violation of the law. So it cluds the scope of subject,the scope of act,the scope of damage. And accordingly, to decide the scope, the criteria include the subject, the obligation of act and the damage situation. As an important part of the administrative compensation system, the definition of its legislation directly decides whether the citizen's lawful rights can be protected or realized. However, the present legislation of the administrative compensation scope can not catch up with the development of its current trends. There exists much insufficiency in the legislation. The legal basis is not enough, for example, the legal standards are monotonous and there aren't enough related legal explanation; the criteria of the subject, obligation of act and the damage situation is too narrow; the stipulation of numerated cases limits the administrative compensation scope and the definition of the administrative compensation litigation is also limited. There are various causes for it, for example, the deep-rooted idea of remitting the state organization; the low appraisal of the state financial department, the unreliable theory basis resulted from continuous argument about the administrative compensation scope by the academic circle, etc. Such existed insufficiency hindered the realization of the social fairness, the safeguard of the citizens'rights and the operation of the administration. Thus, to improve the legislation of the administrative compensation scope, the state organization and its personnel should have the right opinion of the national obligation; the legal basis of the administrative compensation scope should be enriched through formulating the specific laws and the related legal explanation; the definition of the administrative compensation scope including the criteria of the subject, obligation of act and damage situation should all be extended in terms of legislation and legal explanation; the disputable matters should be definitely included in the scope of the administrative compensation and foreign experience of legislation should be learned to improve our present stipulation of the administrative compensation scope.