On The Improvement Of Administrative Compensation System

Administrative compensation system is very important in modern nations governed by law. However, from the situation of China, the system is full of juvenility, faultiness and irrationality, for example, legislation in many fields is just the principle provision, even it is adjusted by policy, so that causes the biggest difference of the compensation in practice. The reason of that is we put national power and public power onto a high position for a very long time, but, it is not enough on protecting legal private rights and interests, and so as to, there is a great unbalance between public power and private rights. According to modern legal theories, national power is regarded as a kind of symbol commonly admissive by all members of a country, it has absolute responsibility for protecting legal private rights and interests of every member. Therefore, during initiating the compensation system, we should pay special attention to protect legal private rights and interests.The essence of administrative compensation is that the system should fill up the loss caused by the behavior of legal administrative organs, so it is regarded as a kind of legal liability. From legislative practice, many countries have established relatively mature and rational compensation system, and a set of theories and legal system gradually formed. But, we have already lagged behind the countries not only on theoretical system but also on legal system, especially at constitutional lay. The constitutional revision which was made on 14^th, March 2004 filled up the blank of administrative compensation, but the laws concerning administrative compensation are still disuniform. Today, rights of citizens are getting more and more important, we need to improve administrative compensation system. On "how to legislate administrative compensation in any form", we should think over many factors, like its theoretical foundation, legislative cost, social effect, power restriction, etc., and fully combine current situation of our country.In the article, at first, I expound the theories concerning administrative compensation, introduce many theories and opinions in academic field. Then, on the basis of comparing foreign administrative compensation, I put the emphasis to expound the contents of legalsystem of administrative compensation, and to current situation, ulteriorly realize the lack existing in legal system of administrative compensation of our country, for example, we have no unitive law of administrative compensation, some laws about administrative compensation only solve the problems in their own fields. It also causes the complexion of poor feasibility, and specific compensation loses justice.According to the analysis, I bring forward to thoughtfulness of improving legal system of administrative compensation in realistic instance: (1) we should add the clauses about compensation principles into constitution. It can establish gist of legislating compensation system, so as to utmostly protect legal private rights and interests. (2) to a great extent, there is no disuniform law of administrative compensation. According to constituting law, it can avoid the complexion of probable neglect or "each does things in his own way" caused by disperse legislation. (3) the other rules concerning administrative compensation should be cleaned up to avoid contradiction. The laws of administrative compensation are obviously disuniform. In order to change the complexion, we should clean up the laws or rules which are contrary, and have poor feasibility, and whose expression is irrational enough. That can avoid interference between different laws and rules.As a modern legal system, the legal basis of administrative compensation lies in that the legal rights and interests of citizens are protected by the current laws of a nation. When a nation requires some citizen to give up his legal rights and interests to make the others benefit, the beneficiary must abandon some his legal rights and interests to give them to assignor. It is greatly important for consummating the system of administrative compensation of China to enhance the theoretical research of administrative compensation.