The Current Administrative Compensation System Of Rational Analysis

In the current our country administration compensation legislation, the theory andthe practice not mature not standard situation, the administrative compensation systemis worth discussing thoroughly.This article attempts from three major parts to carry onthe rationality to the present administrative compensation system to search analyzes.The first part mainly is clear about the administrative compensation from the ontologyangle the concept and the rationale.The first section synthesis our country educationalworld said at present to the administrative compensation system concept that, thisarticle proposed the administrative compensation is the administrative main body inthe management country and in the social public affairs process, exercised the civilrights strength behavior as well as this behavior supplementary effect legitimatelybased on the public interest has created the harm for the relative person’s legitimaterights and interests, to the relative person who suffered the harm gives thecompensation by the country the administrative relief system.Second frequently crossesthe comparative analysis educational world each kind of related administrationcompensation rationale the viewpoint, the approval “sacrifices the theory specially”this theory. Third section introduced our country administration compensation systemhistorical development and pointed out the disperser, the specific law, the laws andregulations legislation lacks the intrinsic integrity, too limits, not impossible toexhaust the administrative compensation all items.Fourth section divided two kinds(property rights and interests special sacrifice compensation and non-property rightloss compensation) briefed our country administration compensation systemlegislation present situation.Second part from system theory and substantive law angle elaboration present mainadministration compensation operation practice.First section first has analyzed thepresent our country land collection compensation system, points out the existence the question: The public interest provision limits unclear, the compensation wayunreasonable, the compensation standard somewhat low, the compensation scopeexcessively is narrow, lacks the effective relief system, then puts forward theproposal.Second section first has analyzed the present our country civic buildingcollection compensation system, points out the existence the question: The hearingprocedure owes concretely,“receives the house similar real estate the market price”the limits fuzzy, the compensation appraisal procedure guarantees with difficultyobjectively.Then puts forward the proposal in view of above question.Third sectionthrough by the Three Gorges Project construction in the immigration took the mainobject of study, pointed out at present immigrates the compensation existencelegislation lag, the standard not one; The main principle is separated from the realityin reality; The compensation scope excessively is narrow and so on thequestions.Unifies the above question to propose must formulate the unifiedimmigration legislation. Fourth section has analyzed based on the faith protection losscompensation, pointed out the existence faith protection premise fuzzy, the goal isunclear; Lacks the faith protection compensation standard; The compensationprocedure waits in vain spatially the question.Then puts forward the correlationlegislation proposal.The third part of apply theory to reality proposed the formulation unifiedadministration compensation method, simultaneously formulates and theconsummation corresponding single line law, will center on following several aspectsto the administrative compensation method design to launch:1st, the definedadministrative compensation basic principle, this article thought our country whendetermination administration compensation principle, must persist two basicprinciples: Fair compensation principle; Compensated primarily afterwardscompensation was the exceptional principle in anticipation.2nd, is clear about thecompensation standard, about uses any standard to carry on the compensation, thisarticle thought may in under the deference fair compensation principle, by in variousspecific law, the laws and regulations or the rules and regulations makes, the specificstipulation in detail to the correlation question.3rd, the standard administrative compensation way, this article suggested compensates the way the establishment, bythe money compensation primarily, auxiliary by other forms4, the developmentadministration compensation scope, this article believed, our country must integratethe spiritual harm compensation in the administrative compensation domain, realizesthe true fair compensation.