Analysis Of The Our Country Administrative Compensation System

The essence of administrative compensation is to reconcile the relationship betweenprivate property rights and public interest; It should not belong to the administrative lawresponsibility, but a specific administrative act. Administrative compensation is a moderncountry under the rule of law is extremely important to a legal system, on the authority ofgovernment regulation and civil rights protection is essential. In recent years, to speed upwith the pace of national development, have become increasingly prominent in the reality ofthe specific administrative act of the administrative compensation problem, a lot ofdifficulties to the administrative authorities to deal with related issues.On the basis of comprehensive analysis of foreign history and development of theadministrative compensation process, by analogy to determine the basic legal types ofadministrative compensation, the basic connotation of administrative compensation system.In administrative law, administrative compensation is to correspond to the scope ofadministrative compensation. Connotation and denotation of the administrative law scholarson administrative compensation has to be a mature understanding of administrativecompensation connotation and extension of understanding the difference still exists. For thissituation, the analysis pointed out that the different administrative compensation system indifferent countries for the formulation of standards, the scope of which is differentiatedaccording to the country’s history and level of economic development. A perfect symbol ofthe country’s administrative compensation system is to see whether the system in line withthe development of the country and the country’s economic development will not hinder thecountry’s economic development. To comply with this requirement must require thelegislature to enact administrative compensation system standard, the scope of the most basicadministrative compensation system with a fair premise.Administrative compensation as anextremely important modern administrative law system, its theoretical research and practicalapplication in our country is not enough emphasis. Effective protection in real life, theintegrity of the system of administrative compensation or not, is directly related to thelegitimate rights and interests of the administrative relative, related to the construction ofharmonious society.With the increase of China’s efforts in protecting citizens’property rights, administrativelaw, on the contents of the national public authority and the private property of citizens isbecoming increasingly prominent. Objective context of expropriation behavior have becomeincreasingly frequent in the collection of the administrative body, administrativecompensation system as an important means of relief and balance the interests of themechanism of the urgent need for further development and improvement. The one hand, needto update in the theory at the same time, pay attention in practice to identify problems andresolve problems; emphasis on due process of law and the need to focus on the substantivelaw perfect, establish an effective audit and monitoring system. This paper uses a comparative study of countermeasures research, focused on a number of theoretical andpractical issues of administrative compensation. In China to identify the existing problemsand deficiencies in the actual draw on good legal theory and legislative practice, and explorethe rules and norms for social development in China; In addition, by analyzing the problemsof the previous administrative compensation system in China’s legislation and practice,combined with a new phenomenon emerged in the era of development, taking fully intoaccount the complex social environment on the basis of seeking the perfection of the system,the maximum degree of safeguard social fairness and justice, balance the interests of therelationship between protection of civil rights, the promotion of a harmonious socialistsociety, good and fast developments.