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On The Expansion Of The Scope Of Our Executive Compensation

Posted on:2008-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:J YanFull Text:PDF
GTID:2206360215454299Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The publishing of state compensation Law of the People's Republic of China has established the state compensation system formally. Great achievements have been obtained in the area of state compensation in our country since it's implementation more than ten years ago. But meanwhile, there's still some lack in this law, especially the scope of administrative compensation is excessively narrow .The citizen , corporation causing a lot of right to suffer damage can not get due relief. The author suggests that under the 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 properly broad the scope of administrative compensation. And the "standard of right" should be the guiding principle. First, the country should compensate for the damage caused by the abstract administrative act. Second, perfect the administrative compensation system for administrative omission. Third, the injury caused by public utilities should be included in the scope of administrative compensation. Forth, the moral injury also should be included in the scope of 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.
Keywords/Search Tags:the scope of administrative compensation, abstract administrative act, administrative omission, public utilities, the moral injury
PDF Full Text Request
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