The Discussion Concerning The Scope Of Administrative Compensation In China

With the expansion of modem administrative power,the involvement of public administration in the life of citizens,more and more rights and obligations in administrative law for citizens,state has more infringement opportunities in the administrative process meanwhile the infringement methods have become more changeable.Administrative compensation is one of the most important means to protect the legitimate rights and interests of citizens,and the scope of administrative compensation determines the scope of the victim's administrative compensation claim,which marks the victim's right to grant administrative compensation and the state to give administrative compensation relief.Also it is the scope of the obligation to compensate the obligations of the organs of the people's courts and the scope of the administrative compensation cases.The scope of administrative compensation is related to the value orientation,function and purpose of state compensation,and it is also influenced by factors such as economy,politics and historical traditional culture.Compared with the administrative compensation system of western developed countries,there are some shortcomings in the scope of administrative compensation in China,such as the principle of imputation,the legislative model and the compensation of state spirit.And the narrow point is the main manifestation of the current problem of administrative compensation.The narrow administrative compensation scope limits the realization of the citizen's right of relief,hinders the formation of the internal control mechanism of the executive power,is not conducive to the judiciary to exercise the power of the executive authorities to carry out effective supervision,easily lead to the abuse of administrative power and corruption,And thus cause the legitimate rights and interests of citizens cannot be guaranteed.Therefore,this article is divided into four parts on the scope of administrative compensation in China.The first part:An overview of the scope of administrative compensation in our country.This part introduces the legislative content,the legislative model and the legislative principles that should be established in the current scope of administrative compensation in our country,and analyzes the relevant factors that affect the scope of administrative compensation in our country.In this paper,the factors that affect the scope of administrative compensation in China not only include the macroeconomic factors such as the state's financial affordability,the level of economic development and the level of social and cultural development but also the function and purpose of state compensation,the principle of imputation of administrative compensation and constituent elements and the scope of civil compensation on the scope of administrative compensation and other factors from the micro-level analysis.The second part:analysis of the scope of administrative compensation in the provisions of the existing problems.This paper analyzes the current performance of the scope of administrative compensation in our country from the aspects of the scope of administrative tort,the scope of the protection of administrative compensation and the scope of the state that the state does not bear the liability.In addition,the author also analyzes the scope of administrative compensation legislative model,the principle of unlawful liability for administrative compensation,and the performance of the national mental damage compensation system leading to the narrow scope of legislation.This paper argues that:first of all,the legislative model of administrative compensation in our country is unscientific,which is the root cause of the narrow scope of administrative compensation in our country.Secondly,the legislation of administrative compensation in our country restricts the expansion of its scope through the double standard of behavior and right.The administrative power can be compensated on the specific administrative act,leading to abstract administrative acts,internal administrative acts are excluded;' the scope of the protection of administrative compensation is limited to the scope of personal rights and property rights,leading to improper citizenship relief limit;again,the law provides for the scope of non-compensation is too broad,and the principle of administrative compensation is a single principle,limiting the scope of China's administrative compensation expansion.The principle of unlawful imputation eliminates the administrative compensation such as discretionary acts,administrative factual behavior and legal administrative acts.Finally,the scope of national mental damage compensation is too narrow,the standard is too low and the specific compensation is compared with the civil mental damage compensation system the calculation of the amount of "soothing" is obvious,and the legislative approach to the quantification of national mental damage is also flawed.The third part:the study of the scope of foreign administrative compensation.In this part,the author first summarizes the scope of administrative infringement in the United Kingdom,the compensation system of the United States,the legislative compensation system of France and the constituent elements of administrative compensation in Germany,and then analyzes the reference significance for the scope of administrative compensation in China on the basis of these foreign system.The fourth part:Suggestions on the scope of administrative compensation in China.This part first analyzes the necessity and feasibility of the expansion of administrative compensation in our country,and then puts forward some feasible suggestions on the expansion of administrative compensation scope in our country on the basis of the second part and the third part,which includes not only administrative compensation pluralism,the construction of the principle system of administrative liability,the reconstruction of the administrative compensation scope legislative model and the perfection of the state mental damage compensation system,and also whether the administrative acts such as abstract administrative acts and internal administrative acts should be included in the scope of the administrative compensation,and how to incorporate the specific analysis and then draw the corresponding conclusions.