On Scope Of Administrative Compensation

The scope of administrative compensation is one of the important contents in administrative compensation system. This scope is manifesting the width degree of a national administration compensation responsibility, is deciding the right relief degree size to the citizen, the legal person or other organization. Our country sees the related administration compensation stipulation here and there in the middle of each specific law and regulations. About the scope of administrative compensation there is no unified stipulation, in the practice there has appeared chaotic and the scope is also too narrow. This causes the massive administrative compensation question to be unable to be possible to depend on, the administrative relative person's rights and interests not to be obtained the advantageous safeguard. Therefore very many scholars have appealed to formulate the unified administrative compensation law and to make the unification stipulation to the scope of administrative compensation. Therefore this article attempts to put forward the legislation proposal to the scope of administration compensation in our country, taking our country present legislation stipulation about the scope of administrative compensation as a foundation. the model overseas administration compensation system.This article is divided into four parts to make the analysis and the research to the scope of administrative compensation.The first part is the outline of the scope of administrative compensation. making concrete analysis on the discussion from three aspects. The first aspect carries on the limits to the administrative compensation. proposing the generalized administrative compensation concept, and analyzing its characteristic. The second aspect elaborates the determination administration compensation scope necessity after suggesting the research should be guided in the limits administration compensation from the behavior scope and the loss scope. The third aspect carries on the analysis and the discussion to the factors that restrict the scope of administrative compensation.The second part is the scope of administrative compensation analysis and themodel to the territory outside. Separately to French, German. Japanese and our country Taiwan area scope of administrative compensation theory and the practice, and this part proposes some models that are worth our country studying.The third part is about the present state and the existing problems of the scope of administrative compensation in our country. Separately from four aspects: a breif introduction to the foundation and development; the present state about the scope of administrative compensation in our country; an analysis on the main problems existing in our country's scope of administrative compensation.The fourth part is the legislation suggestion about the scope of administration compensation in our country, divides into two aspects. Firstly, this part has discussed the administrative compensation law which our country is going to formulate the stipulation way of the scope, thought our country should use mixed style the stipulation way. Secondly, the union preamble analysis to the scope of administrative compensation proposed the concrete proposal: first making the summary -like in the administrative compensation law general rule part to the scope of administrative compensation. then by the unique part stipulating concrete compensation scope, enumeration including affirmative and negative stipulation.