Discussion On Legislative Regulation Of Administrative Compensation Under The State Of Emergency

Administrative,compensation under the state of emergency means when the country under the state of emergency, administrative relative person’s lawful rights and interests get special damage because of administrative subject exercise emergency power lawfully. Administrative subject instead of the country give compensation to administrative relative person. In order to eliminate the state of emergency quickly, resume the social order, safeguard the public interest, emergency power will produce in the state of emergency. Emergency power have characteristics including exponsionary, centrality and so on. So sometimes use emergency power may infringe administrative relative person. Even exercise emergency power lawfully. The damage of administrative relative person can’t laid down in vain. It must get compensation. So, this paper for the difficulties of administrative compensation under the state of emergency in reality in our country, mainly inspects legislation situation of administrative compensation under the state of emergency in our country. Complete analyses the problems about legislation situation of administrative compensation under the state of emergency. Learn from some developed countries and give some advices.First, mainly introduces research status at home and abroad, research purpose, significance and methods. Now, our country don’t have a complete law about the emergency or administrative compensation. If the administrative relative person have been infringed, compensation is difficulty. So rule legislation of administrative compensation under the state of emergency necessary. This paper use many ways to discuss on legislative regulation of administrative compensation under the state of emergency, including theoretical analysis and comparative studies.Second, introduces the definition and characteristic of administrative compensation under the state of emergency.Administrative compensation under the state of emergency is different from the state in normal. It has characteristics. This paper mainly researches basic theory of administrative compensation in normal. Give the definition of administrative compensation under the state of emergency and characteristic of administrative compensation under the state of emergency.Third, mainly discussion the necessary of strengthen legislative regulation of administrative compensation. Emergency power have characteristics including exponsionary, centrality and so on. So sometimes may infringe administrative relative person’s rights more easyly. Only strengthen the legislative regulation of administrative compensation under the state of emergency. We can safeguard the public interest and protect administrative relative person’s rights. So strengthen the legislative regulation of administrative compensation under the state of emergency is necessary.Four, analyses the legislation situation of administrative compensation under the state of emergency in our country and find the problems. Tow, points:First, for the lack of compensation principle in constitution in order to the administrative relative person are’compensated freely. It is bad for protecting the administrative relative person’s rights;Second, our country’s legislation about administrative compensation are not comprehensive,we can not find the rule about compensation standard, compensation scope, compensation ways, compensation scale and compensation procedures. Result in administrative relative person need compensation not by laws.The last, for the lack of compensation principle in constitution, suggest rule the administrative compensation principle clearly in constitution, make the administrative relative person get compensation equitablely. Make a united law about administrative compensation under the state of emergency. Rule compensation standard, scope, ways, scale, procedures and relief ways. When administrative relative person need compensation, they can get compensation by laws. in order to when the administrative relative person have been infringed by emergency power, they can be compensated quickly, availablely, equitablely and fully.