The Administrative Compensation On Emergencies

In recent years, the emergent incidents occurred frequently in our country,which have threatened the social development and the architecture of social behaviorstandard. The coping strategy of China is required from all sides of our country. Atpresent, China have made a great progress in precaution and remedy of emergentincidents, however, it still is new to the kind of the legislation of administrativecompensation in the course of emergent incidents salvation. It can affirm that theadministrative compensation is the last link of coping with emergent incidents andthe results will directly affect the social stability and national unity.After the emergency occured, the administrative subject take necessarymeasures to regulate for the sake of country and social interest: one is the release theregulation order, restrain the physical right and property right, such as limiting thetrade poultry, restricting the stock market, controling the traffic, etc. The other is totake certain measures, such as killing the infected or suspected infected poultries. Nomatter taking which measure, it can still bring extra damage to the special subject.Makeing up the damage of the opposite counterpart of administration requires theadministrative recuperation. The administrative compensation system is focused onthe effective protection of the administrative counterpart’s legal rights andfulfillment the basic principle human rights assurance of the Constitution. However,the legal deficiency of related fields has, to a large extent, seriously influenced theexertion of administrative emergency power and the basic protection of human rights,which also runs in the opposite direction of concept of ruling by law of our country.This essay contains four parts: At the beginning the author will discuss thesuddenly occured incident in China, we will introduce the administrativerecuperation resulted in the regulation of government on the basis of the definition,characteristics of the suddenly occured incident, and preliminary define therelationship between damage and recuperation. Then the author will summarize thesuddenly occured incident and in this part will mainly describe the basest content. Firstly will discuss the definition and then introduce the formation and function ofthe emergency. Thirdly, the author will discuss the necessity of the administrativecompensation. In this part, the author will mainly illustrate the current legislativesituation and basement of theory, and try to state the necessity of building the systemof administrative compensation by depicting legal analysis, current situation and themeaning of administrative compensation. In the last part, the author will put outsome new theoretical innovation from the legislation, compensation mode, procedure,affirming standards and recuperation of administrative in emergent incidents.The purpose of research in this article will combine the situation of emergentincidents in our country and the relationship between the damage of incident andadministrative compensation. From this side, the author put out some personalsuggestion for the building of the regime of emergent incidents in our country.