Administrative Compensation For Consequential Loss

Administrative compensation is an important part of state compensation,it's also an important system to safeguard civil rights and restrict administrative power.China's current administrative compensation adopts the standard of soothing compensation.In addition to the losses explicitly stipulated by the legislation,this standard only compensates for direct losses.onsequential losses,such as operating losses,are not compensable in judicial practice,which has caused a lot of controversy.This standard results in the actual loss of the administrative counterpart cannot be fully compensated and the abuse of administrative power by administrative organs cannot be effectively punished.The first part briefly introduces the three national compensation standards.China has chosen the standard of soothing compensation,but compensatory standards are the mainstream in the world.The second part specifically analyzes the regulations about consequential losses in China's administrative compensation legislation,then sort out the attitude of the court on the expected benefits,available benefits,interest and other losses and the discrimination criteria for direct and consequential losses.The third part clarifies the connotation and extension of consequential losses,which firstly elaborating the concepts of direct loss,consequential loss,available benefit,pure economic loss and compensation issues in civil law and comparing them with the consequential losses in administrative compensation,then proposing that administrative compensation for the identification of consequential losses should be consistent with civil law and listing several typical types of consequential losses.The fourth part elaborates in detail that the necessity of including consequential losses into administrative compensation lies in protecting relative rights and supervising administrative power.The fifth part analyzes the path selection of incorporating consequential losses into administrative compensation and comment on some of the academic claims,then claims to compensate for consequential losses by citing the relevant provisions of the civil law.We also explain the close connection between civil law and state compensation law to demonstrate the feasibility of invoking civil law.Finally,it responded to the question of the academia about incorporate consequential losses into administrative compensation by citing the relevant provisions of the civil law.