Research On The Issues Of System Of Administrative Compensation

"Free men's free association"is an ideal social condition which Marx imagined. To the Marx's point, the individual freedom and the social equity is the harmonious unification. The law should play the proper role that coordinated the individual freedom with the public interests. So, how to make the law perfect to realize the relationship that between the individual freedom and the social equity harmonious and promote them to follow a positive cycle is an important problem that the Marxism legal science have been paid long-term attention to.The system of administrative compensation is an important legal system in a government legal system of a human rights state. On the one hand, based on the public interests' need, the state could carry on the national power to intervene the individual legal rights and interests until to eliminate. on the other hand, the reasonable compensation's request also constituted the citizen legal rights and interests to the national compulsion power reverse restriction .That is to say, State based on public interests did not give person whose rights have been violated a reasonable compensate will be illegal. Therefore, it is vital significant to perfect the system of administrative compensation from the theory and style.The article divides into four chapters, the construction as follows:The first chapter elaborated the research goal, the duty and the topic significance, the domestic and foreign related research current situation and this article's mentality, the research technique, the research key point and the possible innovation briefly.The second chapter has discussed the elementary theory of administrative compensation. The concept of the administrative compensation has been defined. The administrative compensation refers to the government based on the public interests' needs that carry on the national power to intervene the individual legal rights and interests should pay compensation to the people who suffer the special loss in the course of managing state and social public affairs. From the aspects of component elements to discuss the constitution of the administrative compensation; unite"special loss theory"and"the public burden equality theory"as the law philosophical basis of administrative compensation, which can elaborate the legal principle of the system of administrative compensation clearly, and elaborate the administrative compensation's constitution foundation and its administrative jurisprudence foundation. The administrative compensation's nature limits is still important, it is the administrative main body the recovery administrative action which"the positive obligation"implements based on the modern society state. This chapter is to provide the theory support to the system of administrative compensation. The third chapter elaborated the development and the current situation of the system of administrative compensation. Summary the achievement of the system of administrative compensatory while pointed out its subject matter which exists in the current situation of our state: the limits of the public interests is unclear; lacks the principle of administrative compensation; the extent of administrative compensation is narrow; the administrative compensation standard is indefinite; the administrative compensation procedure and the system of remedy flaw.The fourth chapter discussed the perfection of our states' system of administrative compensation. Confront with the question which exists in our states' system of administrative compensation, profits legislative experience from the overseas related state to perfect our states' system of administrative compensation is very important. The first section discussed the limits of public interests. In view of the undefinition of"the public interests", we should pay more attention to how to strengthen its legal practice. First, we should choose the right legislative pattern of the public interests and explicit its judgment standard. Second, the principle of the administrative compensation should be fit for our national condition; the compensation amount should as much as the amount which the harm behavior has not occurred. And this kind of loss did not include the indirect loss. The third section deals with the extent of administrative compensation. Based on the administrative compensation principle, the extent of administrative compensation not only includes the administrative action but also includes the administrative fact behavior; not only includes Legal administrative action which causing the loss but also includes abstract administrative action which causing the loss as the legal administrative action. The fourth section is the basis of calculation of administrative compensation, the basis of calculation should follow the principle of administrative compensation, and we could profit from the overseas reset theory. At the same time, as our state is not a complete marketability country, takes over for use to the land collection is impossible to be suitable the market price to carry on the compensation completely, therefore our state also needs to grasp nimbly in the administrative compensation's standard, but still should take the administrative compensation principle as the foundation. The fifth section about the administrative compensation procedure's design, it should divide into the initiative compensation procedure and compensation procedure which should apply for by person. It is important to strengthen the surveillance about the public goal of the administrative compensation in the procedure. Establishing the system of damage assessment to raise transparency of the damage estimate. The sixth section discussed the administration reconsiders and the administrative proceedings are the remedy of the administrative compensation and its types.