Study On The Perfection Of Administrative Compensation In State Compensation Law

Administrative compensation refers to a compensatory liability taken by country itself,which takes place when the illegal behaviors of administrative subject intrude and damage administrative object's lawful rights and benefits.In the process of the development of administrative law,administrative compensation makes a crucial part of State Compensation Law,thus it has a close relationship with the development of State Compensation Law.In 1995,the State Compensation Law promulgated by China was widely discussed because of the historical limitations of the law.Many experts and scholars have made creative suggestions for their improvement.Many experts and scholars put forward some novel suggestions to perfect it.As the society progresses,a new State Compensation Law came out after revising in 2010.It is better than the previous one in terms of feasibility.Whereas,this law has just been released,it would be affected by various elements like economy,society,law-make ability and law-governing background.Therefore,there are some flaws in the issues about the extent of compensation and measure of indemnity.The major problems are that it did not include situations into the claims like administrative negligence behaviors,injuries done by publicly-owned facilities;although moral damage compensation has been listed into the extent of compensation,the new law did not make it clear about the measure of indemnity;the compensation standards on the damage to person and of property were not reasonable enough.The major problems are that it did not include situations into the claims like administrative negligence behaviors,injuries done by publicly-owned facilities;although moral damage compensation has been listed into the extent of compensation,the new law did not make it clear about the measure of indemnity;although mental injury is included in the scope of compensation,the compensation standard is not clear in the articles;the compensation standards on the damage to person and of property were not reasonable enough.Comparing with State Compensation Law of other countries,following suggestions were made: Adhere to the principle of administrative compensation and relief law,adhere to the compensation of compensation and the principle of fairness and reasonableness are for modifying ideas.Ultimately specify the compensation liability of administrative negligence behaviors,add the administrative compensation liability of injuries done by publicly-owned facilities,improve standards of compensation for damage to person,specify compensation standards on moral damage,consult compensation standards of indirect loss on the issue of compensation for damage of property.It is hoped that these advice could help perfect State Compensation Law of our country.