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Expanding The Scope Of State Compensation

Posted on:2011-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:N NiFull Text:PDF
GTID:2166360305499121Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Comparing the legal system with others',we can see the narrow scope of the state compensation clearly.Such difficulties are mainly in four aspects, namely, the concept of our national compensation, type, content and subject.Our national legal system construction is based on the subject of the lack of rule of law, weak sense of rights protection factors. Although we can not very backward from the administrative legal system in search of China's feudal history to complete the state compensation system. However, if the consideration for the state compensation system restore to the local community, to clarify our existing national compensation system as a problem of great practical significance. It's not difficult to find that the concept of China's national compensation beginning from the beginning is limited. The key breakthrough in the problem lie in expanding the scope of the current state compensation. From the legal aspects, the increasingly rich content of public law, administrative law booming prosperity of the basic theory and the national economy gradually expanded the scope of state compensation to provide a favorable external environment. At the operational level, we can reshape the concept of state compensation, the state expansion of the type of compensation, the content of state compensation, the establishment of the principle of multiple imputation and the clarity of the subject of state compensation.we can also use the judicial practiceto expand the scope of state compensation.
Keywords/Search Tags:The scope of state compensation, Narrow, Expand, Public law, Administrative law
PDF Full Text Request
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