Compensation For The Damages Of Administrative Factual Behaviors

Compensation for the damages of administrative factual behaviors is the compensation for damage caused by administrative factual administrative facts that cause unpredictable damage beyond what the citizen should tolerate.Domestic research on administrative compensation focuses on the compensation for damages caused by administrative revocation,administrative requisition,and legal administrative licensing actions that have been revoked or changed.However,in practice,there are widespread attempts to deprive or restrict citizens' property rights or other legal rights.The fact that administrative factual actions have caused damage to citizens is rarely concerned.Because of the legitimacy and public welfare of such administrative facts,there is currently a lack of sound legal provisions as a basis for civil rights protection.Generally be said that administrative factual action is the behavior that made during the process of exercising administrative power and providing public services by administrative subjects.They don't aim at establishing,changing,or extinguishing administrative legal relations,and have a factual effect on the legitimate rights and interests of citizens,legal persons or other organizations,including service-type administrative factual behavior,handling-type administrative factual behavior,dispositional administrative factual behavior and procedural administrative factual behavior.The effect may be to increase the rights of citizens and may also lead to a loss of interests.When acts of administrative factual behaviors result in derogation of the legitimate rights and interests of citizens,to compensate for the compensation for such damage,it is necessary to satisfy specific requirements on the subject of the act,the nature of the act,the consequences of the damage,and the causation.The constituent elements of compensation for administrative factual actions are consistent with the general constituent elements of administrative compensation,but they also have certain special requirements.The damage caused by administrative factual behavior is difficult to exhaust,which is determined by the complexity and flexibility of the factual behavior itself.Considering the breadth of comprehensive damage,the seriousness of damage,and the feasibility of compensation,this paper has selected four types of administrative compensation for public works:compensation for damage from public works,compensation for pollution caused by environmental governance,compensation for forced reactions to forced vaccinations for abnormal reactions,and compulsory culling and compensation for animal epidemics to carry on the concrete analysis,points out that the key to the current administrative factual behavior damage relief difficulty lies in the lack of legal basis and compensation consciousness.Compensation for damages to public works construction uses civil lawsuits as a relief method in judicial practice.Because of the legality of constructive actions,lack of essential elements of civil torts for acts,and the fact that citizens should sacrifice individual rights for public interests,compensation claims cannot be supported.The environmental sanitation engineering facilities that environmental governance relies on are often "one objection to construction and one objection to stop." Many group incidents have seriously affected social stability and urban construction.In some areas,pilot compensation systems are preferred but implementation is slow.The compulsory compensation for the immunization against immunization and compensation for the loss of animal epidemic prevention and culling are generally determined in the form of regulatory documents in various provinces across the country.However,there are gaps in the compensation standards,contents of compensation and compensation procedures based on differences in levels of economy and the rule of law.Therefore,it is necessary to make the compensation for the damages of administrative factual behaviors be realized.To establish a large-state compensation system and perfect the detailed provisions on the compensation for administrative facts in administrative laws and regulations.It is imperative to improve the relevant legislation,optimize compensation through legislation,improve compensation procedures,and introduce third-party damage assessment agencies to achieve timely and effective compensation for administrative factual damages.At the same time,it should also establish and improve the administrative mediation system and give full play to the positive role of administrative mediation in compensating for administrative factual actions.