Research On The Judicial Remedy Of Administrative Compensation

The administrative compensation system of judicial relief is a very important part of the whole system of administrative compensation system, plays an irreplaceable role. Difference in the general sense of the judicial relief mechanism, in the field of administrative compensation judicial relief is not only exists as a means of preserving the last barrier of the rights and interests of citizens, but in the realization of the ultimate protection at the same time, degree of participation to the administrative compensation itself, and the administrative compensation system as a whole play a role. At the same time because of the particularity of Administrative Compensation Act, the judicial relief mechanism in the corresponding role, orientation and other aspects of the use are very different. So it is necessary to administrative compensation for judicial relief for a comprehensive and detailed research from the system level.The present research situation of the domestic administrative compensation from the point of view, a large number of literature mainly focus on the research of administrative compensation act itself, such as the scope of administrative compensation procedure and administrative compensation and administrative compensation standards and so on, for the administrative compensation of judicial relief most of a pen with. And there is little from the perspective of judicial remedy for administrative compensation specialized research. This paper mainly focuses on the administrative compensation judicial relief system to carry on the discussion and the research, in the face of the situation of current administrative compensation in the legislation is not perfect and related supporting systems are not perfect, advocates from the construction of the administrative compensation of judicial relief system to start, to establish and perfect the administrative compensation solution to the dispute, by for handling disputes, gradually build up the whole system of administrative compensation, thus fundamentally to promote the continuous development of administrative compensation system. In the specific content, the paper can be divided into five parts:The first part is on the judicial relief of the administrative compensation system of related concepts and the general theory analyzed and summarized, including the concept and characteristics of administrative compensation concept, the administrative compensation judicial relief, administrative compensation judicial relief system and the significance of the role.In the second part, mainly for administrative compensation system in the process of constructing required to explore the basic problems were described and analysed in detail, mainly including: Administrative Compensation Act of the basic properties, the administrative compensation disputes of litigation analysis, judicial relief of administrative compensation characteristics.The third part introduces the relevant provisions of the administrative compensation judicial relief system in foreign countries and its historical development, and on the basis of the development of foreign administrative compensation system of judicial relief is summarized.The fourth part focuses on the analysis of China's current administrative compensation in the field of judicial relief of the status quo, and puts forward the remedy of Chinese existing problems in the field of administrative compensation in judicial.The fifth part puts forward specific suggestions of China's administrative compensation system of judicial remedy.