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Legislation Of Administrative Compensation System Improvement

Posted on:2015-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:X Q GaoFull Text:PDF
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Administrative compensation system established in France Bu Langge case in1873, breaking the national situation of sovereign immunity, have developed rapidly in the1950s, focusing on human rights protection. In contrast, civil compensation system originated in Roman times2,000years ago, it has a rich, comprehensive theoretical and practical content. The administrative compensation system in the early stages of development has also been seen as a special content once civil compensation. The development of administrative compensation process also naturally draws civil compensation system. Administrative compensation system are drawing a lot of content in a more systematic improvement of the system of civil compensation, specifically including learning theories on the causes and legislation.Now the administrative compensation of our country exists some problems:the low standard of the administrative compensation, it can not make up the loss of the victim; presence of absence of specific procedures, victims’rights are not fully, timely and effective protection. Comparing with the relevant provisions of the civil compensation system is already full, perfect, it has great reference value. The first part introduces the basic theory of the executive compensation system, such as treasury theory, legal fiction theory, the theory of human rights protection and the risk of liability theories, these theories are drawing on the theory of civil compensation system, such as the main theory of equality, employers theory of liability, and results in tort theory of liability. In view of the administrative compensation system should be improved, the paper presents the second part of our current system of administrative compensation problems. In terms of specific system is imperfect, such it is lack of the advance execution system and subrogation system; the executive compensation is too low, such as the right to compensation for low personal standards, lack of compensation for indirect damages, the too narrow scope of moral damages solatium, the relevant punitive damages provisions missing. In this paper, these problems made recommendations and opinions reflected in the third part of this article, namely the introduction and establishment of advance execution system and the system of subrogation in executive compensation regime, the compensation standards to improve the standard of compensation of personal rights, acknowledged indirectly compensability of the loss, the spirit of solatium to broaden the scope of individual areas to establish infringement cases punitive damages standards. In the process of improvement of administrative compensation system, we should give full play to learn the meaning of civil compensation system in order to promote a more effective protection of citizens’ human rights, and promote the process of China’s rule of law.
Keywords/Search Tags:executive compensation, civil compensation, theoreticalroots, compensation standards, compensation program
PDF Full Text Request
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