Administrative Compensation System

In our country, the administrative law circles have already studied administrative indemnity system extensively and profoundly and a special law --The State Indemnity Law has also been promulgated. While with respecting to the administrative compensation system we have not paid sufficient attentions to it even nowadays, and there is not a unified law in this field up to now. The current administrative compensation system has not only been far away from meeting the reality of administrative management activity, but also conflicted with the development of the democratic legal system of our country. In this case,it has already been an important subject of administrative legal construction that how to establish and perfect the administrative compensation system through deeply researching into the administrative compensation system theory. By analyzing the fundamental theories of the administrative compensation system and referring to the current situation, this article puts forward some tentative plans and ideas on how to perfect the administrative compensation system in our country.This article is divided into three chapters:Chapter One is the outline of the administrative compensation system. At first,this thesis introduces the definition, the characteristic and the nature of the administrative compensation.the author points out that according to principle of equitable burdensharing and protecting human rights , the Administrative Compensation System is an legal institution which is to reasonablly offset the damage when the legitimate rights and interests of the citizens and the organizations suffer special losses, this special loses is caused by the legal power which belongs to the administrative organ who performs this power for the public interests. administrative compensation is the legal duty for modern state. In the next part ,the author generalizes the constitutive requirements of the administrative compensation. In the last part of this chapter, the author recounts theoretical foundation and principle of the administrative compensation.The Public Fair Burden Theory as the foundation of the administrative compensation system is more suitable. Chapter Two is the development, defects and cause of the administrative compensation system in China.The first part is the introduction of our country's administration compensation system in three stages: before the foundation of the People's Republic of China, between the foundation of the People's Republic of China and the opening-up stage, after the opening-up stage. In the second part the author analyzes the defects of the administration compensation system in our country, there are six following respects mainly: Firstly, The Constitution lacks the administration compensate principle; Secondly, concrete regulations are disorder and there is not an unified Administrative Compensate Law up to now; Thirdly, the scope and criterion of compensation is obviously narrow and low. Fourthly, the current regulations of the Administrative Compensate Law lack maneuverability and also are hard to implement. Fifthly,there is no concrete stipulation in the practical procedure. Sixthly, the absence of the relieve system.Chapter Three is the perfection of the administration compensation system. Firstly,to update notion and construct our administration compensation system under the directions of service administration. Secondly, to perfect the principle of administration compensation in Constitution. Lastly, to draw a unified administration compensation law of the People's Republic of China under the directions of Constitution.