The Research On The Question Of Administrative Compensation In China

The concept of administrative compensation is produced based on the needs of public bennfit,Administer's legal behavior and its follw effect in social public affairs have caused special loses to the legal rights and interests of citizen,legal person and other organizations,The executive autority gives compensation to them according to the principle of fair burden for this loss.As an important component of state responsibility,the system of administrative compensation embodies the protection of private good,especially proprietary.Besides the system of administrative indemnity,the system of administrative compensation is another significant measure to protect legal good of the private party in administrative process.Therefore,formulating the mature administrative compensation system will certainly become an important task for the legalization of our country and the research for the theory in this area should also take the antecedence.The articie makes an preliminary study of the administrative law system of our country,basing on the relating essential theory of administrative compensation system and the analysis of the developed administrative compensation law in foreign countries,and the combination of the analysis of both the practical situation and legislation of the country.In order to discuss and analyze the administrative compensation system of our country,the article is divided into three parts.Part one is a summary introduction of administrative compensation system,in this part,Introduce administrative compensation of basic theories,and take this as foundation,analyzed administrative compensation system roughly of the creation and the development.Part two analyzes current legislation situation of administrative compensation system of our country,the author illustrates the history and the status quo of administrative compensation system of our country,while prominence is given to the latter,basing on which characters and achievements in the system is shown up,the author exposes the defects of our administrative compensation system.Part three is the counter measures and suggestions that could perfect administrative compensation system.This part is discussed from six respects:establishing the basic principles of administrative compensation; defining the scope administrative confirming the body of rights compensation;standardizing procedure,obligation pattern of compensation: administrative and standard of administrative compensation:perfecting the almsgiving system in law of administrative compensation.At the end,the thesis puts forward its points of view on the legal norm of administrative compensation of our country.