Non-property Losses The Executive Compensation Research

The administrative compensation of non-property right loss is one of the administrative compensation. But in our country, the progress of both the theoretical studies on it and the establishment of relevant laws and rules are far behind the global development. In this article, after first examining the relevant theories developed both inside and outside, and after examining the primary problems in our legal practice, I will, with reference to some theories in this field in private law, try to analyze and explore the theoretical problems of the administrative compensation of non-property right loss in our country by taking the classification studies as the axis, and then make some possible suggestions for the establishment of our national compensation law and the improvement of the relevant systems in our country, in the hope that they will contribute a little to the further study on this issue.In the preface the article clarifies origin, development, purpose and the related domestic and international realm of the research result to study the system of the administrative compensation of non-property right loss. And in the preface I put forward to some innovation that base on the work of research.This dissertation is composed of six chapters.Chapter I is" to define the administrative compensation of non-property right loss". This section begins with brief introduction on history and the present condition of the system of administrative compensation at home and abroad. Firstly defines the administrative compensation of non-property right loss's conception, then clarifies the administrative compensation of non-property right loss's basic theories and expatiate on the necessary components of the objects.Chapter II is" the present condition and existent problem on the administrative compensation of non-property right loss in our country ".In this part, after the introduction and review of the administrative compensation of non-property right loss at home and abroad, I further explore the existent problem in our country.Chapter III is "basic principles of the administrative compensation of non-property right loss". The basic principles of the administrative compensation of non-property right loss are the administrative compensation of non-property right loss's leading thought and target. And it's a basic standard that establishes and perfect administrative compensation system must be clear and definitely followed, too. Therefore, making certain the basic principles of administrative compensation of non-property right loss is extremely important. The basic principle of administrative compensation of non-property right loss can make sure the principle of human rights guarantee, the principle of benefits equilibrium (fair support), compensation of law and the principle of compensation on time principle.Chapter IV is "the scope on administrative compensation of non-property right loss ". I further classify administrative compensation of non-property right loss as three basic types: supervision subject scope, affair scope and rights scope in this chapter. The supervision subject scope discussed that administrative subject should undertake the compensation duty to the private party in the administrative process for what kind of supervision subject that results in the private party's loss in the administrative process; The affair scope explained that which administrative subject should undertake the compensation duty ,from enumerate and exclusion two aspects; The rights scope expatiated that which rights administrative subject should undertake the compensation duty, and I put forward to that administrative subject should undertake the compensation duty to the restriction on independence of marriagerights ,and violation the environment rights and personal rights etc.Chapter V is "the standard and the ways of administrative compensation of non-property right loss". Based on the analysis of the standards of foreign administrative compensation of non-property right loss and our country's existing legislative standard of administrative compensation of non-property right loss, I argue that the standard adopted by our administrative compensation of non-property right loss should be overall compensation, and should consult about the rule of civil law and national compensation law. The primary ways of national compensation are damages and restitution, besides, there are also other ways0 And damages should be taken the principle and other ways like restitution as the exception.Chapter VI is" administrative procedure and remedy procedure of administrative compensation of non-property right loss ". This chapter explores the administrative compensation procedure, administrative remedy procedure and administrative litigation. I combine the present condition, and put forward to some ameliorative suggestion.In the concluding remarks the article restates actual sense to strengthen the research and legislative practice on the system of administrative compensation of non-property right loss still need research further.