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The Discussion About How To Perfect Our Country's Administrative Compensation System

Posted on:2010-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q GuoFull Text:PDF
GTID:2166360278979886Subject:Constitution and Administrative Law
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Our country's current constitution Section 3 of Article 10 provide that"The state may, for the public interest, expropriate or take over land for public use, and pay compensation in accordance with the law."Our country's current constitution Section 3 of Article 13 provide that"The state protects according to law the right of citizens to inherit private property."The above provisions not only to fill the constitutional blank of administrative compensation system but also for individual citizens to further the constitutional guarantee of property rights in place.However,from the situation of China,the system is full of juvenility, faultiness and fragment. For example,legislation in many fields is just the principle provision,even it is adjusted by policy, so that causes the biggest difference of the compensation practice. The reason of that is we put national power and public power onto a high position for a very long time,but it is not enough on protecting legal private rights and interests,and so as to,there is a great unbalance between public power and Private rights. According to modern legal theories,national power is regarded as a kind of symbol commonly admissive by all members of a country ,it has absolute responsibility to for protecting legal private rights and interests of every member .Therefore,during initiating the compensation system,we should pay special attention to protect legal private rights and interests.In order to discuss and analyze the administrative compensation system of our country,the article is divided into four chapters.Chapter One is summary of introduction of administrative compensation system. This Chapter comprises two sections. The first section try to give a clear description of the definition of the system of administrative compensation. The second section presents the elements of administrative compensation: The scope, standards, approaches and principles.Chapter Two reviewed the course of development on administrative compensation system.Chapter Three is summary of introduction of defects on administrative compensation system.Chapter Four,which includes five sections,suggests the amendments of our administrative compensation system basing on the discussion of Chapter Three. This chapter includes five sections. Firstly,the author suggests principles of administrative compensation system should be nailed down one constitution law which includes the principle of compensation in advance while the time limit of administrative compensation is concerned as detrimental situation facing a relative people of administrative behavior. The principle of due compensation or justness compensation while the standard of ascertaining money quantum of compensation is concerned. The design of the scope of administrative compensation, the author think it should be totally defined the scope of administrative compensation. Specifically, the scope of administrative compensation includes two parts: One part is whether include the compensation on mental benefits. Another part is whether include indirect losses. Section Three is from the protection of human rights point of view, to establish a reasonable standard of compensation. Section Four, the author emphasizes the due process of administrative compensation system holding restructuring the present administrative compensation process through the establishment and improvement of a series of basic institutions of the system. Section Five,the author accentuates the amendment of the relief institution of administrative compensation system.
Keywords/Search Tags:Administrative Compensation, Scope of Compensation, Standard of Compensation, Principle of Compensation, Compensation Procedures
PDF Full Text Request
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