On The Administrative Compensation For Damages To The Third Party Caused By Medical Administrative Licenses

As one of the methods for managing the society, administrative concerns to benefits of every main aspect. The third party of administrative license contains the legal characteristics of remoteness, uncertainty, subordination, and invasion in the role of legal interested party. For medical administrative license itself, the third party includes the patients, neighboring parties and competitors, to whom the damages appear to be different in the process of license establishment and enforcement. Illegal administrative licenses should also make compensation for the damages they cause according to the rule of "no damages, no compensation". Otherwise, the damages caused by the medical administrative has obvious features in causation and abilities relegation, for its real characteristics of high risk and invasion. Firstly, its abilities relegation should mainly carried out by the feature of irregularity and fault as complement for its remoteness. Secondly, for the part of causation the theory of causation should be objectively used in judging the causation in this issue for its complicated reasons on the one hand and its remoteness and unidentify on the other hand. Thirdly, the main situations of these damages includes illegal enforcement the cancellation of administrative licenses. Moreover, the fault of third party should be excluded as the catalog of exceptions for non-compensation. The author's dissertation in this article about whether damages caused by illegal administrative license is able to receive administrative remedy is to make medical administrative lincense much more well-known to enble the public to protect their legal rights, also to make people engaging in this filed do their job more carefully and devotedly.