The Research On The Legal Issues Of The Administrative Compensation Agreement

State Compensation Law in China enacted in 1994 specify citizen or artificial person can apply for compensation for the illegal action of the state organs according to the law,state organs can also claim for compensation to the financial department.State compensation legislation aimed at effectively make up for the damage of victims,so the reasonable program needed set up to protect the right of victims to obtain compensation.To that end,State Compensation Law in 2010 especially perfected the procedures of compensation,but it is worth nothing,although the change request the organ for compensatory obligations must be fully listen to the views of the claimant before make a decision on compensation and can be solved by using negotiation,but has not stipulated the result of the negotiation whether can take the form of compensation agreement.Administrative compensation agreement refers to the victim and the organ for compensatory obligations through the way of negotiation dialogue,mutual concessions,in order to solve the administrative compensation disputes.Administrative compensation agreement procedure is solution outside the lawsuit which under the guidance of legal principles and rules,the program breaks the current solution of decision that the organ for compensatory obligations control compensation decisions,the victim appeared in the reconciliation process with the attitude of main disputes to seek a "win-win" results.Administrative compensation agreement as a mechanism which desirable type solve disputes,coordinate the relationship between the government and the people,shall be incorporated in the administrative compensation system of our country reform and attach importance to it in the role of the innovation of administrative law levels.Based on the research situation of administrative compensation,we can find that administrative compensation has been a breakthrough in negotiated settlement problem,but the agreement on the solution of the problems in administrative compensation has not been completely solved,needs to continue to improve.So this article attempts to the agreement in the field of administrative compensation problem of our country,to find out the problems and tries to seek solutions.This paper consists of four parts: the first part administrative compensation agreement and its legislation;The second part analyses the program of compensation agreement;The third part talk about the effectiveness of the administrative compensation agreement;The fourth part discuss the implementation and relief of administrative compensation agreement.