Research On The Issues Of System Of Administrative Compensation

Under the guidance of Rule of Law, a set of fairly wide administrative compensation system has been established in recent years. With proceeding progress of economic construction and legal construction, some inherent defects of administrative compensation system is gradually exposed, and the content of this system cannot meet the practical requirements of social economy and legal system. The controversy on saving administrative compensation nowadays still lacks satisfying supports from law and regulations, and there is a long way from a complete legal compensation system. On the one hand, the controversy on administrative compensation system is gradually heated. On the other hand, the establishment of administrative compensation system is still backward. In this case, it is quite important and urgent to focus on the studies of administrative compensation, and it is of deeply theoretical and practical significanceBased on sufficient reading and tidy arrangement of numerous literatures, this article, along with development history of administrative compensation system in our country and combined with legislation of this system in practice, respectively analyzes and elaborates the development and status quo in terms of different components of administrative compensation system, and summarizes the mainly existing problems of this system. Then, with analysis and reference of administrative compensation legislation and relevant practical experience in foreign countries, this article proposes solutions which are suitable for our country’s conditions.This article expounds the legitimacy of restrictions on administrative activities, individuals and property right not only from the angle of relevant theories of sociology and economy, but also from the angles of philosophical theory of utilitarianism, the theory of freedom and ration, and justice theory. These two angles become the basis of formation and establishment of administrative compensation system...