The Research Of The System Of Administrative Compensation Of The Voluntary Service In Public Law

The voluntary service in public law is a legal concept based on the system of the voluntary service in private law. In order to protect the public interests, citizens sacrifice their personal interests to assist or substitute the administrative organs to fulfill the responsibility in emergent situation. On of the most typical behaviors is what the active Samaritan do. When citizens get hurt or loss their property in voluntary service, they can't be made up for what they have lost because of the defects of the relief system. To solve this problem, this article is trying to build up the administrative compensation for the voluntary service in public law, analyzing the defects of the existing relief system and learning from the theory and experience of relief system in other stations.The Article is divided into five chapters. The introduction is to clarify the behaviors of the voluntary service in public law in reality. On the basis of the examples, we are exploring the legal concepts of the voluntary service in public law.The first chapter introduces concept and types of the voluntary service in public law, and then analyzes the compositions of it. Comparing the voluntary service in public law with the voluntary service in private law, the conclusion is brought out that the voluntary service in public law is essentially the assistance to public affairs. The second chapter focuses on the relief system of the voluntary service in public law taking the active Samaritan for example. The existing relief system has so many defects that the active Samaritan is faced with embarrassing situation although he or she has done good acts for the public.The third chapter examines the existing relief system of the active Samaritan. By investigating the relief system in the civil law and administrative law, we can point out where the flaws are and why the remedial measures can't take effect. Because the fundamental flaw in the relief system is not to realize legal nature of the voluntary service in public law which leads to the ignorance of national responsibility. The state should compensate for the loss of the active Samaritan. The fourth chapter is constructed from the theory of public law is no compensation for the active Samaritan. With the arguments about the concept of administrative compensation begins, the chapter 4 is about the necessity and the possibility of carrying out the administrative compensation of the voluntary service in public law. The fifth chapter builds up the legal relationship of the administrative compensation for the voluntary service in public law on the ground of the former four chapters. This relationship is different from the relationship in the civil law, the public rights and obligations are also different from civil rights and obligations. In the end, the author tries to build up the principle, standard, method and procedure of the administrative compensation of the voluntary service in public law.