The Improvement Of The Theory Of Administrative Compensation Procedure In China

Abstract:National compensation’s main purpose is to make the country of the legitimate rights and interests of citizens damage can get reasonable effective remedy, or for their own behavior to undertake certain responsibility, but also a kind of maintenance of social equity and justice. The establishment of national compensation system is the milestone of modern civilization in our country, and of the state compensation law about the amount of compensation, compensation and other rules of again good, if there is no related to compensation procedures shall supervise the implementation, so scientific entity compensation regulation again again good also will be difficult to achieve the system itself exists in the first place. So it is very important for the compensation program in the state compensation law, in order to realize the lawful rights and interests of the vulnerable citizens can really get compensation, you must set up a structured and complete fair compensation program. It effectively improve the degree of social harmony, resolve social conflicts. Administrative compensation procedure in our state compensation procedure and judicial compensation program, the article as the main research objects as an administrative compensation procedure. Although Chinese current administrative compensation procedure in2010"state compensation law" in the progressive change, but because our country as a light application heavy entity, coupled with the study of the program itself time is shorter, provisions of the administrative compensation program itself actually there are still some defects.Administrative compensation procedure refers to the person making the request for administrative compensation request administrative compensation to the administrative organ under compensatory obligations, the organ under compensatory obligations to review requests for compensation and dealt with, and through the administrative reconsideration organ or the people’s court according to apply for reconsideration or prosecution of administrative compensation way of solving administrative compensation disputes, steps, the floorboard of the sequence and time limit.Full text from the characteristics of the administrative compensation procedure in our country, in the current status of the implementation of the program, the related provisions of the main developed countries, and the procedure of administrative compensation of our country the lack of regulations and amendments on the systemic discussion.The first part of the article, the main overview of administrative compensation procedure in China. Program as the main content in this chapter, from the basic concept of procedures related to illustrate the importance of the program are expounded, and the concept of administrative compensation procedure is expounded, and the procedures of administrative compensation procedure and the related concept and the difference between a comparison.The second part of the article, introduce the main developed countries administrative compensation procedure. By Britain, the United States, Germany, France summed up the relevant rule of their respective characteristics, and from these countries first summarized in the processing procedure and administrative compensation procedure as well as the relevant provisions. The third part of the article, introduces the main content of the administrative compensation procedure in our country, to advance handler, respectively, the administrative compensation procedure of reconsideration, administrative compensation procedure done in this paper, which is given priority to with the content of the first handler is introduced, finally give a summary of the characteristics of administrative compensation in China.The fourth part of the article, it is pointed out that the deficiency of our current administrative compensation procedure. Insufficient in the first handler mainly determine the claimant qualifications, advance the legal effect of the decision, the lack of regulation, and the provisions of the responsibility for treatment authority behavior, etc. The deficiencies in administrative compensation litigation is in the lack of protection of the victim’s rights, litigation efficiency is relatively low. The judgement in making administrative processing or after the execution procedures in main show is the lack of performance and the implementation of administrative compensation program, have recourse against the administrative procedure is too blunt.The fifth part of the article, mainly aims at the deficiency of the administrative compensation procedure of our country put forward the corresponding perfect advice. Aiming at leading handler in the fourth part respectively, administrative compensation procedure and the perfection of the lack of follow-up process put forward the corresponding opinions. In the aspect of legislation, first determine the administrative compensation procedure legislation principle, mainly to protect private rights principle, program efficient principle and public principle. Proposed in the first handler hearing procedure, increase to take the decision of administrative reconsideration, strengthen the evaluation system of the handler investigators first, etc. In administrative compensation procedure Suggestions to improve the allocation of burden of proof, and the distribution of the right of lawsuit mediation program startup. The final condition of case in administrative recovery programs Settings, investigation suggested in setting up hearing system and special investigation team, etc.