Research On Conflicts Between Applications Of Administrative And Civil Compensation

Administrative compensation, a kind of state compensation, appears relatively late.Therefore, many theories of it are still in early stages. Some theories, however, are in the process of constant perfection, which is an undoubted fact. Its fast-developing will unavoidably lead to a confliction between administrative compensation application and civil compensation application. Nowadays, administrative organs serve as social life“majordomo”, making their public powers invade into private sphere and varieties of specific administrative acts do harm to people’s rights of life and property, thus leading to a confliction between administrative compensation application and civil compensation application. The thesis will focus in the following two different aspects to analyze the confliction between executive compensation application and civil compensation application. The first part, from the first chapter to the third chapter,mainly analyzes some easily confused points between administrative compensation and civil compensation, and elaborates different suitable situations when law regulations are in conflict. The second part, from the forth chapter to the fifth chapter, mainly analyzes mixed tort by administrative with civil dispute overlapping case. The two parts’ conflict reflects issues between executive compensation application and civil compensation application. Resolving the conflict between them has practical significance with the background of transforming government functions and building a service-oriented government.