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Research On Administrative Compensation Procedure

Posted on:2014-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:G F LiFull Text:PDF
GTID:2176330434972457Subject:Law
Abstract/Summary:PDF Full Text Request
As for procedure of administrative compensation, there are two understandings: broad sense and narrow sense. In a narrow sense, the procedure of administrative compensation is consisted of the procedure issued by administrative compensation claimant to administrative organization, and the lawsuit of administrative compensation. Besides, in a broad sense, it also includes the recourse of administrative compensation, which is initiated by the organization liable for administrative compensation. The paper is all about the broad procedure of administrative compensation. The procedure of administrative compensation is not only an important procedural safeguard for administrative compensation claimant, but also provides the procedural ground for administrative organ to achieve administrative right of recourse. Administrative compensation program includes not only the advanced proceedings of administrative compensation, the compensation procedures in Administrative Reconsideration, administrative action for damages, also contains the recourse of administrative compensation. In the terms of differences in the nature of the admissibility of the organs and the applicable procedures, the procedure of administrative compensation for the claimant can be divided into the administrative compensation program of administrative system and the administrative compensation process of the judicial system. And the administrative system of administrative compensation program includes the advanced procedure of administrative compensation, as well as the administrative compensation be held by the administrative reconsideration organs by the Administrative Review Law; The administrative compensation process within the justice system contains not only separately instituted administrative action for damages, but also the administrative lawsuit initiated along with the request for administrative compensation. In accordance with the logic of the above classification, starting from an overview of the various types of administrative compensation program, this article is mainly about studying the framework of administrative compensation program, studying the problems exposed in the running administrative compensation procedure, in order to propose the corresponding countermeasures.
Keywords/Search Tags:Procedure of Administrative Compensation, the Advanced Procedureof Administrative Compensation, the Compensation Procedures in AdministrativeReconsideration, Administrative Action for Damages, Administrative CompensationLawsuit
PDF Full Text Request
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