Existing Problem And Countermeasuress Of The Administrative Compensation System In China

With the administrative compensation system being established, the right to require the administrative compensation of the citizens, the compensation and other organization obtains the legal identification and protection. It not only implies the civil rights system is increasingly perfecting, but also has important realistic meaning to promote the administration based on the law. However, in the past 10 years, the facts show that there are severe deficiencies and limitations in the administrative compensation system that should be solved immediately.In the thesis, the author standing on the reality and learning from the foreign advanced experience of administrative compensation system, discusses the matters such as the principle, scope, criterion and procedure of administrative compensation and tries to present the methods of solving those problems. Firstly, the scope of administrative compensation is so narrow that not all damages can obtain the compensation. The scope of administration compensation should be extended appropriately, spiritual damages, indirect damages and damages caused by public installations should be included in the compensation scope. Secondly, as the principle of responsibility ascription in the administrative compensation, the offence responsibility-pertaining principle is too single, which has its limitation, and the undefined meaning of "offence" leads to different understand and application. We should define the signification of the offence responsibility principle and combine the principle with the no-fault liability principle. Thirdly, the low standard of the administration compensation is not benefit to sufficiently compensate the actual lost of victims. And the non-property way of compensations, such as making a formal apology, is applied limitedly. We should enhance the administration compensation suitably, and the non-property way of compensations should be widely applied.