On The Compensation System Of Administrative Lisence

The compensation system of administrative lisence 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 compensation system of administrative lisence 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 compensation system of administrative lisence. The basic spirit and principle of compensation system of administrative lisence 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 Japan, Germany and Britain.The main content of this paper is as following:The first part is mainly about the burn of the compensation system of administrative lisence. Firstly, the article shows the basis of compensation system of administrative lisence. It discusses the economy and idea basis of the birth of compensation system of administrative lisence, and the development of that system. Secondly, the article is about the concept of compensation system of administrative lisence. 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 article explained the characteristic of compensation system of administrative lisence. 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 compensation system of administrative lisence in administrative law.The second part is theory system of compensation system of administrative lisence. Firstly basic law philosophy of compensation system of administrative lisence. Any system of production and development is not by accident, in the social and political conditions in the economy driven by the development of birth, compensation for the administrative licensing system is no exception. Second, the administrative licensing system of compensation based on the constitution, from the main entry point for the stability of the law for analysis. Third, the administrative licensing system for compensation of administrative sources, from an administrative act to determine the existence and strength as the starting point, demonstrated in administrative law in accordance with the theory.The third part introduces the basic system of compensation system of administrative lisence from three 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 reasonable trust, the fact leading to loss and the causality between them.The fourth part is mainly about the improvement of compensation system of administrative lisence.The article is mainly about the range of compensation system of administrative lisence. The range of compensation system of administrative lisence is one of the important parts in administrative compensation system. The range of administrative compensation reflects the range of compensation system of administrative lisence 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 compensation system of administrative lisence patterns.In a conclusion that discusses the practical sense of the theoretical research and legal practice of compensation system of administrative lisence and the necessity to make further research. I hope play the role which offers a few ordinary introductory remarks so that others may offer their valuable ideas to consummate our country's compensation system of administrative lisence that the compensatory regime provides a suggestion.