Study Of The System Of Administrative Compensation Of China

Administrative compensation system of China is one portion of the State compensation system. It established in the form of law by Law of the People's Republic of China on State Compensation which was enforced in the year 1995. But as an aggregate of one type of legal institutions, the obligation and value is not one but a system of legal statutes could bear. From Constitution of the People's Republic of China to the Administrative Procedure Law of the People's Republic of China enforced in 1989, contains a great quantity of administrative laws referred to operation of public authority are all the systemic regulations for startup range, modus operandi, and legal consequence of administrative compensation actions. And what's more, the whole system contains constitution law and administrative law jointly defines and reflects the principled position of the state compensation system of a state. The principled position guides the administrative compensation system, plays an important role on fixing the position and surveying roundly.Absolutely, administrative law system can not refuse the guide of the concept of justice and legal morality discovered and established by civil law, assembling human being's rational knowledge and practical experience over thousands of years and have been absorbed effectively by the system of civil law. This supreme instruction of natural law expressed by ancient civil law is not peculiar to it, but the consolidate core of social legal system. Administrative compensation system is the nearest institutions approaches civil law system in the whole administrative law system, and can show the core of the whole legal system best. In a broad sense, it is the same as the civil compensation. Consequently, the essence of administrative compensation system contains the requirement of constitutional law and civil law in some respect.Nevertheless, administrative legal system is the one different from civil legal system, not the essence, but the effect in society. The differences between them lead the differences of the methods of procedure and regulation—equal to methods of technique. So is the administrative compensation system, so as to produce more social welfare. Above all, one of the points emphasized in this thesis is to fix its position in legal system precisely, to explicit its highest criteria for behavior. Then, all of the system plan shall be established pursuant to the fundamental theory. Integrated administrative compensation system contains substance and procedure. What is called substantial section includes fixing the position of the system, defining the essence and the range waiting for modifying mainly. In a broadest sense, this is the key link of starting this procedure, belongs to the broad procedural concept. Too narrow substantial regulation in our administrative compensation system leads that it can not make a good impact in practical manipulation. With a view to the questions above, I entry point to analyze existing legal system of administrative compensation, center on understanding"the principles of fixation of liability"correctly, discuss the ranges of litigant on compensation and define the range of administrative compensation on the view of principles and subjects. Thenceforth, I continue to discuss the ranges on the view of behavior, analyze the categories of liability of compensation derived from kinds of specific administrative acts. Analyzing the sections above focuses on the some types and portions of types which are disputed or ignored in practice and theory. After that, the analysis recur the view of integrity of administrative compensation system in order to discuss several systemic and surrounding questions. This section is the key point of the whole thesis.After the substantial administrative compensation system established, we find that the procedures of administrative authority conclude the ordinary procedures, but not the section of compensation for wrongful imprisonment which is conducted by special administrative subject. The latter owns itself subject of study and purpose, both of them are different essentially, need to study separately. So my thesis is aimed at and solely discussing the normal substantial and procedural problems of public authority with a core of administrative authority, exclude the related section of procedure of wrongful imprisonment. Then I give projects and advices to this system in order to supply the gaps in it.