The Study Of Administrative Compensation

As administrative compensation occupies an important position in the system of a country’s administrative law, and play an important role in pursuit the realization of social fairness and justice, The administrative relative person’s" special sacrifice" is one of important elements in the administrative compensation system, At the same time, is also the reason for the government to give compensation to the administrative relative person’s loss, Therefore, Study of the administrative relative person’s" special sacrifice" has important significance to the development of the administrative compensation system. As a result of that at present there is no unified administrative compensation in our country, and also no clear standard of the administrative compensation, we have to use case analysis and comparative study and other research methods,set the administrative relative person’s" special sacrifice" as the research Perspective, Put forward our country’s due process of law, in order to achieve a fair and reasonable compensation for the administrative relative person’s" special sacrifice", develop and perfect our administrative compensation system. why the administrative relative person need to take" special sacrifice"?The reason lies in the social binding obligations that inherent in the citizens’basic rights and citizens’ tolerance obligation based on the social contract, When faced with the need of the public interest, citizens’individual rights and freedom must make some concession. As for the administrative relative person’s" special sacrifice" should be compensated, the reason is the protection of the citizens’rights, and to control the state public power,also is to pursuit the social fairness and justice, When the administrative relative person’s loss is achieved to the degree of " special expense limits", the compensation must be fair、legitimate and reasonable,as to attain social fair. Then, how to achieve the fair and reasonable compensation for the administrative relative person’s " special sacrifice"?This is the most important problem in the construction of the administrative compensation system."by other’s faults, wise men correct their own", Through comparing our country’s and foreign countries’relevant provisions, as the target is to achieve the balance between public interests and private interests, also civil rights and state power, the due process of law is a good path to ensure that the administrative compensation standard can reflect the society’s benefit demand, and is easy for the society to accept and follow. By setting elements of the due process of law,for example, the citizen’s right to know, right to participate and the system of reason explain etc, thus to improve social welfare and social justice.