The Compensation Of Administrative License Withdrawal Based On Property Rights

Article 8 of Administrative License Law of The People's Republic of China says that in order to meet the demand of public interests, the administrative organ may modify or withdraw the effective administrative license and pay compensation. Until now, Administrative License Law of The People's Republic of China has not offered a complete compensation system for the administrative license withdrawal. Such as "the compensation scope of Administrative License Withdrawal", "the compensation standard of Administrative License Withdrawal", "the calculation method of Administrative License Withdrawal" are not be concerned. This situation is obviously not conductive to the protection of the legitimate rights and interests of people. In order to analyze these problems expressly, the thesis will begins with a discussion concerning the property attribute and legal significance of administrative license, by referencing the experience of Law of the People's Republic of China on State Compensation and American's expropriation compensation.This thesis contains Introduction, Text and Concluding Remarks. Text is divided into four chapters.The chapter I is mainly about the necessity of compensation. In order to avoid the minority people bear the burden which be borne by the majority of people, and avoid the Fiscal Illusion occur, the government should pay compensation when withdrawing the Administrative License. On the base of compensation, the government can protect people's property effectively, further the spirit of Belief Protection Principle, balance the public interest and individual interest.The chapter II has a discussion about the compensation scope of administrative license. This part will analyze the existing compensation system on the basis of criticizing Direct Loss Compensation Principle in Law of the People's Republic of China on State Compensation, and drawn a conclusion that the compensation scope of Administrative License should pay full compensation to direct loss . And then this part analysis American's Expropriation Compensation, holds the points that the compensation scope of administrative license should be extended to contain indirect loss compensation.The chapter III explains the compensation standards of administrative license. This part will firstly analyze five influencing factors on the compensation standards of administrative license and then give a brief introduction to Fair Compensation Principle in America and Germany. At last, this part claims that China should adopt the Complete Compensation standard instead of Appropriate Compensation standard.The last part mainly talks about the calculation methods of compensation of administrative license. This part has explained the nature of the calculation methods and its status in compensation system. These calculation methods are Market Method, Cost Method and Benefit Method.