Research On The Expansion Of The Scope Of Administrative Compensation

In recent years, drug injury events have frequently occurred in China and one of the significant causes is the delay or the absence of the issuing of the administrative public warning which further results in more victims. But it is more regretful that the victims have not obtained prompt and effective relief in current legal system. For example, as far as 2003 LongDanXieGanWan ADR Event is concerned, many victims who once appealed for administrative compensation sank into a predicament. From the perspective of the aforesaid problem, this dissertation indicates that the crux of the problem is the absence of the issuing of the public warning by the relevant administrative organs which should inform the public of adverse drug reaction. As the compensation for the damage to the interests of the private parties which arises from the absence of the aforesaid public warning have not been stipulated in current administrative compensation system, the victims could not obtain reasonable compensation. Therefore, it compels us to analyze specific difficulties, review the theories, construct the institutions in order to provide academic support to solve the problem in practice.Based on the aforesaid questioning consciousness, the dissertation analyzes the issue from three perspectives. Firstly, take theory as the point of departure, it analyzes concept, authority and significance of the public warning and further indicates the possibility of infringing upon the interests of private parties due to the absence of the aforesaid public warning. Secondly, take institution as the point of departure, it analyzes the shortcomings of current administrative compensation system based on the principle of liability, the variety of acts and the type of rights. Thirdly, take practice as the point of departure, it demarcates the scope of current administrative compensative system in China from the perspective of the public warning based on criterion-established, act-analyzed, and right-construed. Finally, according to the aforesaid analysis, it further indicates the significance of bringing the damage arising from the absence of the public warning into the scope of administrative compensation system in China.