Administrative Compensation System For Research

In China, the science of administrative law circles have made a study of administrative indemnity system widely and thoroughly. And our country has worked out the special law-State Indemnity Law. But, up to now, the science of administrative law circles haven' t paid attention to administrative compensation system universally and sufficiently. And the country hasn' t worked out the unified law for it. In our country, the current administrative compensation system can' t meet the need of administrative management activities and can' t conform with the process of democracy and legal system. In this case, studying, establishing and perfecting the administrative compensation system has became an important subject of administrative legal construction in our country. This thesis is based on existing administrative compensation system in China, with the administrative compensation system in France, Germany and Britain as reference frame work, probing into and studying how to establish the administrative compensation system for our country.This thesis is divided into three parts.The first part is the summary of administrative compensation that has carried on the discussion from four respects concretely: 1, The connotation of administrative compensation. This thesis has explained the historical development of administrative compensation at first, then further explained the concept of administrative compensation and compared it with administrative indemnity. 2, The theoretical foundation of administrative compensation. The thesis has carried on research to the theoretical foundation of the administrative compensation in terms of constitution and administrative law separately, and commented on the nine kinds of views of administrative law circles and practice circles of China and foreign countries. This thesis holds it is more rational to combinehuman rights ensured theory, special sacrifice theory and public to bear equal theory to explain administrative compensation especially. 3, The nature of administrative compensation. Through analyzing, this thesis holds administrative compensation is a kind of special administrative responsibility and it is a kind of remedying concrete administrative behavior of an administrative subject, too. 4, The constitutive requirements of administrative compensation. Administrative compensation is formed by real loss, creating loss fact and causality .The second part focuses on the present condition, existing problem and reason analysis of administrative compensation of our country. It has carried on two respects concretely: 1, The formulation and development of administrative compensation system. 2, The existing problems and reasons of administrative compensation system.The third part is the countermeasures and suggestions that could perfect administrative compensation system. This part is discussed from six respects: establishing the basic principles of administrative compensation; defining the scope of administrative compensation; confirming the body of rights and obligation of administrative compensation; standardizing procedure, pattern and standard of administrative compensation; perfecting the almsgiving system in law of administrative compensation. At the end, the thesis puts forward its points of view on the legal norm of administrative compensation of our country.In the conclusion, the thesis restates actual sense to strengthen the research and legislative practice on the administrative compensation system, points out that the administrative compensation system still needs research further.