Study On The Basic Theory Of Administrative Tort Redress

The independence of administrative violations is an administrative tort relief system to build the logical starting point, but also the administrative tort remedies to get rid of the inevitable choice for the traditional administrative violations theory and rely on the tort theory. Only recognize the objective independence of administrative violations in theory, in order to better imputation and relief.Administrative infringement is caused by the relative square realistic damage behavior of the administrative authority, it is illegal and administrative, administrative improper both connections and differences. On the one hand, improper administrative illegal and may become the subject matter of the administrative tort, administrative infringement and the biggest difference is the presence or absence of damage results. On the other hand, administrative improper, administrative law, administrative infringement is independent of each other, and no method to incrementally enhance three different forms of administrative flaws behavior, which together constitute the organic system of administrative liability. They are illegal on the "quantity" of movements can cause changes in the patterns of behavior "quality", that is. once the previous form in line with the later forms of law constitute, will of course be illegal form of the latter is absorbed, so as to constitute a higher The extent of the wrongful act form.I advocate the adoption of administrative tort Liability "second order" theory. On the identification of administrative tort liability, only the damage caused by the administrative act subject matter of the judge of fact and whether the exemption the wrongfulness judgment to confirm the chief subject of accountability.The basic principles of administrative tort remedies can be classified as:no suit if the principle of equitable balance between the efficiency principle (the principle of timely relief), relief agencies, the principle of neutrality, the principle of party participation, the parties to the principle of freedom of choice, the relief is limited within the administrative and final principle of judicial relief. The scope of the administrative tort relief, faced with the choice between in administrative violations and improper administrative and other reasons the scope of protection of interests covering the legitimate rights and interests or legal interest, choice, choice between direct losses and indirect losses and damages.Administrative infringements model a single dual-mode of judicial relief mode and administrative processes and judicial relief. China has a comparative advantage the administrative processing and dual mode of judicial relief. Administrative tort remedies, administrative reconsideration, administrative litigation and administrative compensation system together constitute the main channel of the administrative tort relief. Among them, the first two are purely administrative tort evaluation system, while the latter is a set of illegal assessment and material compensation function in a relief mode. In addition, the judicial coordinating reconciliation is also a major innovation of the administrative tort remedies.