The scope of administrative compensation is one of important symbols of a country's democracy and law construction. The system of administrative compensation is an interdependent system to administrative requisition; however, administrative requisition is to coercively deprive the administrative relevant person of property rights under the name of public interests. The core of administrative requisition is a public and coercive requisition by administrative body. Therefore, administrative compensation is concerned about the field of public interests and private interests, administrative requisition power and administrative relevant person's property right. It is a balance apparatus of the conflicts and contraditions of public interests and private interests. At present time, with the development of private property rights and socialism law, how to coordinate the contradiction of public interests and private interests, protect the relevant person's legal rights maximumly and achieve the goal of social fairness is a matter concerned with the plural layers of the transformation of government's function, the development of economic construction and the stability of social order.This essay will begin with the basic theory of administrative compensation, preliminarily analyze the current situation of the system and scope of the administrative compensation in China on the basis of comparison of Sino-western administrative compensation and put forward some constructive proposals. This essay will be made up of seven parts in style. The introdution part will briefly explain the necessity of the research of administrative compensation system, especially the scope of administrative compensation. The first part will probe into the basic theory of administrative compensation including the definition and character of administrative compensation, the definition of the scope of administrative compensation and the conception of the system of administrative compensation and the theory basis of administrative compensation including the law philosophy basis, the constitution basis and the administration basis. The second part will elaborate the historical deduction of the administration compensates the scope. The third part will briefly introduce the administrative compensation system of several typical countries and regions, and furthermore, make the comparison in scope and system. The fourth part will point out the defects of the present administrative compensation system in China, such as the mess of administrative compensation system and the narrow scope of administrative compensation, in accordance with the defects of the present administrative compensation and the advanced experience of western countries and regions, make the proposals to perfect the administrative compensation system in China in the aspects of establishing the ideal of limited public interests principle and consummating the system of property rights, accuratly defining the conception of administrative compensation, consummating the system of administrative compensation, scientifically considering the compensation elements and broaden the scope of administrative compensation. The conclusion part will emphatically point out that, administrative compensation system properly provides us a balance apparatus of coordinating the contradictions and conflits of public interests and private interests, and is of great importance to perfect the constitional property rights and safeguard human rights in China. |