The Analysis Of Mr.Xu V.a District Government Administrative Compensation Case

Administrative compensation refers to the system in which the administrative organs and their staff illegally exercise their administrative functions and powers or fail to perform their duties according to law,causing damage to the legitimate rights and interests of citizens,legal persons or other organizations,and the state assumes the responsibility for compensation.This system requires administrative organs to strictly abide by the legal procedures in the process of exercising their functions and powers,and effectively safeguard the legitimate rights of administrative counterparts.But in reality,some administrative organs fail to deal with the relocation problem according to the correct procedure of expropriation and compensation,which infringes on the legitimate rights and interests of the expropriated persons.In judicial trial,due to the incorrect application of the law by the judicial organs,administrative recuperation instead of administrative compensation,the administrative counterpart can not get full compensation.Through the judicial case of Mr,Xu v.a district government administrative compensation,this paper analyses the controversial focus of this case,and finds that the remedy method of administrative compensation should be applied to illegal demolition,thus leading to the problem of incorrect application of law in judicial trial,and proposes to solve the problems in practice by understanding the law correctly and attaching importance to the case guidance system.At present,the standard of administrative compensation applied in our country is not suitable for the development level of social economy and the requirement of the public for the rule of law.It is not enough to fully protect the legitimate rights and interests of citizens,and the adverse consequences are also borne by the victims.Therefore,State Compensation Low should be improved to raise the standard of administrative compensation.Through the determination of the three standards of compensation for loss in the case by the Supreme People's court,we can see that the standard of administrative compensation in our country is low,and the provisions of the administrative compensation standards in the State Compensation Low are insufficient and lagging behind,it can not fully compensate for the loss of the relative persons.Firstly,by referring to the regulations of relevant administrative compensation standards in Japan,Korea and Taiwan,combined with the actual situation of our country,this paper puts forward some measures to improve the standards of administrative compensation in China,such as learning from the compensation standards in civil law,refining and improving specific administrative compensation standards,increasing flexible provisions appropriately and compensating indirect losses.