About Expanding The Scope Of Administrative Compensation Thoughts And Suggestions

Content:The scope of administrative compensation is, when the Administrative office or the staff bounds to violate the citizens, legal persons and other social organizations’ legal rights and profits, the mode of country assumes the duty of compensation’s "the scope of voluntary action and profits". Administrative compensation fits the limit of victim’s claims is which kind of act or injure should apply to administrative compensation. The scope of administrative determines the scope of the organization with compensatory obligations and then this could warn our country’s administrative efficiency. The scope of administrative also determines the scope of court’s jurisdiction to some cases of administrative compensation. Through this way, we could avoid the waste of judicial resources; meanwhile reflect the breadth of judicial supervision.Law of the People’s Republic of China on State Compensation was passed in1994, then it was revised in2010and2012. State compensation system in China was established by Law of the Peoples Republic of China on State Compensation. It is of great significance to the promotion to the self-restraint mechanism of state agency, the administration according to law of state agency and its staff and the national management efficiency. Meanwhile, it reflects that China consummates day by day to the rights of citizens protection. Development and improvement of the construction of democratic monocracy construction requires the improvement of damage compensation system and the affirmation of the subjects’rights. Practice in current years gradually exposed the defects of the narrow scope of compensation in Law of the People’s Republic of China on State Compensation, the right to request of the victim compensation is restricted to a certain extent, victims’basic rights is deprived. Therefore, it is necessary to redefine the administrative compensation ranges in order to embody social fairness and justice and relieve the victims.Actually our country’s administrative compensation is still too narrow. Academic circle and the society have given unprecedented notice and discussion, and at the same time our country’s State Compensation Law was revised twice. But through this, State Compensation Law still have some defective or inadequate. For example, in mental injury compensation, we clear and expand the scope of compensation through the revise of2010, but there still haven’t clear compensated standards and specific rules. These problems lead to our judicial workers couldn’t use if will in the practical works. Therefore, in order to protect the citizens, legal persons and other social organizations’ legal rights and profits, we need to revise the State Compensation Law more systematic, scientific and improved.The above adverse conditions compel us to analyze actual obstacles, review the theories, construct the institutions in order to provide academic support to solve the problems in practice. The process of construction of democratic monocracy construction is constantly advancing, the conception of rule of law is boosted in the citizens, the willingness to expand the scope of administrative compensation is getting intense. Based on the status of the implementation of Law of the People’s Republic of China on State Compensation, this paper analyzes the scope of administrative compensation in China, points out its shortcomings, puts forward the proposition that conduct extent of administrative compensation should include administration decides after deliberation the power freely, damage act from setting up and administering to publicly-owned and abstract administrative act. It is also essential for China to enact counterparts to moral injury in administrative compensation.