The Perfection Of The System Of Administrative Collection And Compensation

Administrative collection is considered as one kind of important legal system .It is related to the authority exercising on the public law and civil rights protection on the private law .Therefore it accepts a lot of scholars,attention. Collection by law is an important sign to a legal state. The problem of compensation, which is a focus of administrative collection, is worth researching. The system of houses collection is dated back to 1990s.In 1991, the State Council adopted the managing regulation of city houses collection. In 1994, the management act of real state, which was a prologue of marketable real state, came into existence. In 2001, the amendment of managing regulation of city houses collection was approbated. However, there are still many difficulties. There is principled provision when the ownership law was enacted in 2007. Nowadays, the regulation of city houses collection and compensation is asking the society for advice. It,s demand perfecting collection law inland and abroad. There are provisions on collection and compensation in constitution. But we should still make up for the shortage. So I focus on the problem of compensation. I introduce the meanings of administrative collection, interrelated provisions abroad .I also analyze the shortcomings of our country and adventure some opinions to make up for the shortage.There are four parts in this text. The first part deals with the general theory of administrative collection. I divide this part into three points. Firstly, I introduce the meanings of administrative collection and compensation. I refer to some scholars,views and make a summary at last. Secondly, I interpret content and terms of the public interests. In the process of starting collection, the content and terms of the public interests is still in debate. Public interests are not equal to state interests and group interests. I think the best way to demark the Public interests is to adopt the way of summarizing and enumerating, and then excluding commercial interests. There is definite meaning in the regulation of city houses collection and compensation at last. It is divided into seven situations. Putting decrepit and old houses and office buildings of government into this clause is in debate. Thirdly, I list the elements of theories of collection system, such as human rights ensuring theories, just burden theories, social collaboration thesis and special sacrifice theories.The second part tells something about legal regulations in Taiwan and abroad. It is separated into four points. The first point is about the principle of compensation. Principle of compensation is command. It decides the range and standard of compensation. Because the institution in Germany is typical, I set it forth into details. The second point is about the range and standard of compensation. The third point is about the way of compensation. The way is very flexible in every country. It is mainly in pecuniary compensation, and assisted in objective compensation. The fourth point is about the procedures of compensation. Every country condemns by the procedures in advance, which relieves contradictions between interested parties.The third part analyzes existing problems of administrative collection institution in China. There are mainly problems below. For example, lack of principle, narrow range and low standard, single way, deficient procedure. I give several examples in this part in order to emphasize aggravation of the problem.The fourth part, which is the core of the text, propounds countermeasures for perfecting administrative collection institution. I propound some countermeasures according to the problems above. First, give a definite principle and enhance dynamics of clause about collection. Second, enlarge range and raise standard of collection. Third, adopt flexible ways of collection. We could borrow some ideas from other countries, such as functional collection and social insurance. Last, make a strict procedure of administrative collection. For instance, start procedure prudently, ensure saying right of obligor, practice compensation verdict judicially, reform procedure of distributing compensatory payment. In this part, I induct some correlative provisions in the regulation of city houses collection and compensation and propose my own ideas. Is it reasonable to distribute compensatory payment by market price? Does it harm other 10% when regulating that state can collect houses if 90% people approve? These problems are remaining to be arguable.