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V.v.G County People's Government Administrative Compensation Case

Posted on:2018-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:L L LiFull Text:PDF
GTID:2346330542470021Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of modern civilization,the rule of law has become the consensus of all countries and regions,the rule of law requires all state organs to exercise their powers according to law,at the same time,if the state organs violate the provisions of the law abuse of public power cause damage compensation should be,this is the premier Li Keqiang stressed that the right is not capricious "the state compensation law use.Civil compensation has been compared with the ancient Rome period,national compensation only a mere more than 100 years;and the state compensation in our country is more young,our current state compensation law is based on the seventh Standing Committee of the Eighth National People's Congress The meeting examined and adopted based on,and then proceed to the two amendment,adopted in 2012 and implemented since January 1,2013.The scope of the provisions of the State Compensation Law of the current compensation for greater restrictions,such as legislation,there is no compensation into the state compensation scope and damage of public facilities in administrative compensation also not to mention,but these actions damage appears frequently in our daily life,and no relief by the national compensation law.China has long been the implementation of people-oriented,serving the people of the ruling philosophy and the protection of human rights in the constitution are clearly reflected.Our government is the government serving the people,the government is the manager's position in the management of public affairs,in order to achieve the protection of human rights,in order to form a fair rule of law in socialist society in China,after years of legal construction on the road,groping for a long time,the formulation and implementation of administrative law.From the legal and institutional level,for the guarantee of human rights,the administrative organ of the administrative power to regulate and restrict.We all know that the law is to safeguard their rights of citizens last line of Defense Line,is a country to give citizens the judicial relief of the most powerful protection.In this paper,Jo v.G County People's government administrative compensation case as an example,according to China's "National Compensation Law>stipulated in the administrative compensation and related laws and regulations as the basis,starting from the relevant administrative law,according to laws in law relying on the theory from the outline of administrative compensation,the main responsibility of administrative compensation,administrative compensation application,first processing mechanism after the administrative compensation for administrative organs can be used,the administrative compensation scope of the administrative compensation case v.G Cao County People's Government in the conflict,the use of administrative law Learn relevant knowledge,differentiate and analyze the controversial points and problems in the case,and put forward relevant suggestions.
Keywords/Search Tags:State compensation, Administrative compensation subject, Scope of administrative compensation, Procedure of administrative indemnity
PDF Full Text Request
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