A Research On The Scope Of Administrative Compensation Of China

The scope of administrative compensation is the primary link in administrative compensation system,the research on the scope of administrative compensation for administrative compensation system. Because the theoretical research in the scope of administrative compensation of our country is still not perfect is not specific enough,a lot of research contents can not keep up with the world advanced level of theory angle,so this paper focuses on the scope of administrative compensation theory.The first is to study the scope of administrative compensation and mode, the basic concept is the scope of administrative compensation. Secondly, the scope of foreign system of administrative compensation, the scope of administrative compensation theory to learn good. Finally, according to the above study refines the scope of administrative compensation in our country, and puts forward some suggestions for improvement. My thesis is divided into three parts.Research on the first part of the scope of administrative compensation in our country content. Research of second mode on the scope of administrative compensation in our country. The main research content is the research about the scope of administrative compensation in our country content was discussed through three aspects.First, the scope of the subject of administrative compensation in our country. At present in China as the subject of administrative compensation is only one--national, state organs and their staff to implement the illegal administrative acts of the administrative relative person causes damage to the personal and property rights, the victim can only present administrative compensation request to the state, can not claim the staff of state organs to implement tort.Second, the scope of administrative compensation in our country behavior. Research on administrative compensation system in our country at present, the state organ and its implementation which is an illegal administrative act may request for administrative compensation. Through the research, the author found that the scope of our tort provisions of the administrative compensation mainly refers to the specific administrative act as illegal and fault administrative behavior.Third, China’s administrative compensation scope of damage. Mainly refers to the administrative tort victims may claim the administrative compensation by which damage the facts of the case. Can cause the request for compensation damages mainly includes two aspects of provisions of the administrative regulations for the existing in our country:one is the personal rights damage, one is property damage. All the personal and property rights does not mean that all these two rights, the limitation in the right of personal freedom, the right to life and health as the main content of the personal rights and the direct economic loss as the main content of the property right.The first part of the scope of administrative compensation in our country also do secondary research. The author thinks that the administrative compensation scope of current mode is a mixed mode, specifically to list, to generalize is a mixed mode supplement.The second part of the thesis makes a study on the scope of foreign administrative compensation. According to the civil law and common law, two categories were studied respectively.First, the countries of continental law system countries of Germany, France, from three, Japan was studied, the author found that although belong to the continental law system, but the three countries, provisions on the scope of administrative compensation and judicial application and China has a lot of different. The provisions on administrative compensation scope of Germany more extensively, civil servants, public organization, individual can serve as the main body of administrative compensation, administrative compensation. France in the scope of clearly defined the difference between individual behavior and post behavior,Second, the countries of Anglo American law system to select the scope of administrative compensation system American and British were studied, the two countries of the administrative compensation system is affected by the state immunity in the early stages, but the common point is identified on administrative compensation scope of the subject are not only limited to the state, but also to the civil servants to exempt certain the degree of recognition, to ensure the effective exercise of civil servants can be given by the state administrative power.The third part of the thesis is the defect on the scope of administrative compensation system in our paper, then according to the defects and the scope of administrative compensation system in foreign countries and summarizes the reasonable advice for improving the scope of administrative compensation in our country, In this part, the scope of administrative compensation in our country present situation and suggestion of complement each other, suggestions for practical problems everywhere, the thesis has certain logic, also make the conclusion more persuasive.First of all, the author thinks that the defect in our country at present about the scope of administrative compensation mainly exist in the following four aspects.First, the scope of the provisions of the subject of administrative compensation is too single. As everyone knows, our country at present about the administrative compensation scope of the main provisions, only the state can undertake administrative compensation as the subject of administrative compensation responsibility. Such provisions in the judicial practice often can’t ensure the victim’s request for administrative compensation can be realized, the main responsible for some time the subject is not the implementation of illegal behavior.Second, the narrow scope of administrative compensation act. Tort behavior state administrative organs of the provisions on administrative compensation of China’s "State Compensation Law" and the staff that has two properties:the specific administrative act and the fault of administrative behavior. That is to say the administrative behaviors that have other properties not subject to administrative compensation regulations and norms, such as the abstract administrative act and the judicial practice in the use of more and more extensive no fault of administrative behavior.Third, to perfect the scope of administrative compensation for damage. The study found that the scope of administrative compensation provisions of China’s administrative compensation regulations have obvious defects. Mental damage is the most prominent widely used in civil and criminal compensation in compensation, the administrative compensation is a simple application, especially from the amount of compensation in the amount of compensation is set with the mental damage compensation required. The second is compensation for damages only including the direct economic losses for the citizens’right to property damage, the indirect property damage civil compensation request not to undertake the compensation obligation.Fourth, the administrative compensation scope of responsibility responsibility single. The main point is combined with the relevant provisions of the foreign, liability of administrative compensation in our country at present include fault liability. Does not contain no fault liability, danger liability and other forms of liability.In this paper, third parts in second is put forward reasonable suggestions to improve the scope of administrative compensation in our country, corresponding with the defect, the author thinks that four aspects should start improving measures.First, I think we should increase properly the subject of administrative compensation, especially will be licensed by the state administrative organizations and public bodies into the administrative compensation scope of subject, the basic requirements for the relief of rights. Administrative act can also regulate the two special administrative organs, contribute to the administrative compensation system.Second, I think we should extend the scope of administrative compensation act. The administrative organ to make illegal abstract administrative act and the illegal specific administrative acts of the administrative relative person will damage the legitimate rights and interests, it shall not put the abstract administrative behavior of the administrative organ excluded from the scope of administrative compensation, at least to the abstract administrative act into the scope of administrative compensation co.. Discretion is completely exempted from initial became exempted limited level now, so I think for discretion Co., within the limits of administrative compensation should join the range of behaviors.Third, the author thinks that to increase the collateral damage in the administrative compensation for damage compensation and broaden the range of compensation for moral damage. This is because once the administrative act of infringement occurrence, is bound to the legitimate rights and interests of citizens to bring a certain degree of collateral damage and mental damage, so the infringement shall have the basic requirements for relief, should be specific provisions on these two kinds of improving the scope of compensation scope of administrative compensation.Fourth, the imputation principle of no fault liability and responsibility for risk, the author thinks that should be cautious to use. But the prudent use does not represent not the complete, do not use is not conducive to the construction of legal society, perfect the administrative compensation system is not conducive to. Limited, cautious use is mainly to ensure that the two liability liability can not be caused by psychological pressure on civil servants, which is not conducive to the effective implementation of national administrative power, is not conducive to the construction of efficient government.