On The Status Of China's Administrative System Of Compensation And Its Legislative Perfection

Administrative compensation system as a basic type of state compensation is the principle form that administrative authorities bear their legal responsibilities. It shows the extent to which the rights of the administrative opposite party protected. Thus the system of administrative compensation is an important part of administrative remedy at focus. Chinese administrative compensation system, which was established in 1994, is an important landmark in the process of perfecting socialist rule of law and developing socialist democracy. However there are some defects in the administrative compensation system. First, the scope of administrative compensation is limited. Second, there is no regulation on whether there is a state compensation for the administrative omission. Third, the standard for the administrative compensation is too low. Thus the function of the administrative compensation could not be overall fulfilled. Forth, the regulation for the in advance procedure is too broad. There are no detailed regulations on the how to claim, how to handle and the enforcement of the issue. The author suggests that under he background of the developing of market economic, democracy and rule of law country and the entering of WTO, China should perfect its administrative compensation litigation system. And the "standard of right" should be the guiding principle. First, the scope of administrative compensation and the type of administrative infringement should be properly broadened. And broadened interpretations should be given to on duty behavior. Second, perfect the administrative compensation system for administrative omission. Third, perfect the procedure of administrative handling in advance. Forth, raising the standard for administrative compensation and perfecting the instrument of payment of the cost for the administrative compensation. In the author's points of view, along with the adopting of the rule of law and the deepening of he ideas of administrating according to law, administrative compensation system will play a more important role.