Administrative Compensation Study

Administrative compensation is a legal system which be established earlier in the construction of legal system of our country. This system is concerned with the balance between public benefit and personal benefit. Public system and planned economy are implemented for long term in our country , and "unselfish, public is more important than personal" is the leading thought under this system. So, the studies of administrative compensation theory of China shows hysteresis .Legislation is disordered and can not become system. It also exists in judicial practice that the benefit of administrative relatively person was seriously damaged and the benefits of public and personal loses weighing apparatus. Administrative compensation is earlier than administrative idemnity refering to history. At first it is accompanied that administrative compensation is initially and land levies. After wards the raw scope If compensation extends to levies of other real estate and property. Now it has been developped that legal hurt should also be given compensation.The concept of administrative compensation is produced based on the needs of public bennflt. Administer's legal behavior and its follw effect in social public affairs have caused special loses to the legal rights and interests of citizen, legal person and other organizations. The executive autority gives compensation to them according to the principle of fair burden for this loss. This is the origin of the concept "administrative compensation ". Though the machanism of "market" has been led into administrative compensation volume degree, but administrative compensation is still administrative legal relation. And the basic principle of administrative law is suitable.Market economy has beed carried out in China and China has joined WTO. The world of system conforms the well developed administrative compensation system. The system requires the following essential factors. 1. There should be definite administrative compensation term in one constitution and the principle of "over all compensation" should be definited. And administrative compensation should be led by constitution principles .And the administrative compensation in all fields should be guaranteed consistently. 2.The scope of administrative compensation should be definite. Only with the scope the expansion of the power of administrative compensation could be resrticted and the legal benefit of administrative relative person could be ensured really. 3.On compensation way adninistrative relative person should also have the creditor's rights and equity and social insurance etc.besides money compensation to protect thelongterm benefit of the loses. 4.Natural resource and Not natural resource should be distinguished on compensation volume degree. The compensation of natural resource should be definited in legal, and on Not natural reource the mechanism of "market" can be led into or it can be calculated with "replacement". 5.Administrative compensation should also has completed program and the principles of the programs such as" compensation in advance" and "compensation initiatively". 6. Complications arising in administrative compensation should be bring in course. Adjudication rank should be risen to ensure that the justice is just.