Empirical Research On The Legislation Of Administrative Compensation

As a traditional virtue of the Chinese nation,acting bravely for righteousness is a citizen’s free protection of the interests of others and the public interest on the basis of freedom of behavior.Behind its behavior contains a strong social standard and altruistic values,which is highly advocated in the current society.Value and significance of the times.The act of righteousness and courage implemented by the perpetrator based on his inner justice and sense of social responsibility essentially replaces the government in performing the basic duties of maintaining social order and supporting social justice.According to Professor Shen Kaiju’s general administrative compensation theory,the perpetrators are in trouble because of their courageous actions.When they cannot get timely and comprehensive compensation or compensation,the government should act as their strong backing to compensate them for the losses they suffered due to their courageous actions.Therefore,when the perpetrators act bravely and cause damage to their own rights,the government should assume the main responsibility for administrative compensation to the perpetrators.Through combing the current laws and local regulations,it is found that my country has no legal norms that specifically adjust administrative compensation for righteousness.The relevant compensation system is only scattered in the civil law,criminal law and other departmental laws and local regulations.Due to the limitations of the departmental law itself,it is not very operable in practice,and it is difficult to achieve comprehensive relief to those who do what is right.At the local legislative level,the uneven economic development in various regions has led to different regulations on the same issue in various local legislations,uneven protection efforts,and it is difficult to achieve substantial equality in the rights and interests of those who do justice.In addition,the current system is too vague in the definition of issues related to acting bravely,and problems such as imperfect fund management in practice are also particularly prominent.It is imminent to build a perfect administrative compensation system for acting bravely.In response to the above-mentioned problems,combined with empirical research on relevant cases in judicial practice,this paper proposes a legislative framework for administrative compensation.First of all,it is necessary to clarify the criteria for defining what is right.The confirmation standard should adopt a multiple identification mechanism combining fixed and floating standards,combined with the basic standards of behavior identification,and then the specific responsible department will make appropriate refinement according to the different conditions of each region,and formulate specific identification policies that meet local needs.Secondly,the standard for determining administrative compensation should be unified.The state shall provide advance compensation for the personal damage suffered by those who act bravely.For property damage suffered by those who act bravely,the administrative agency can,based on the principle of administrative compensation,provide timely administrative compensation when the perpetrator cannot achieve full relief by relying on private law.Third,emphasize the beneficiary’s obligation to testify and improve the witness protection system.As the direct beneficiary of the act of righteousness and the direct witness of the act,the strengthening of the beneficiary’s obligation of testimony can effectively avoid the occurrence of information asymmetry in the act of righteousness.By improving the witness protection mechanism,the enthusiasm of witnesses to testify can be improved to a certain extent,and the legitimate rights and interests of those who act bravely can be fully protected.Fourth,improve the administrative compensation declaration mechanism for doing what is right.By institutionally stipulating the method of declaration of administrative compensation,declaration and identification time limit,and identification agency,etc.,to strengthen government responsibilities,it is possible to avoid the occurrence of evasive responsibility by functional departments.Fifth,improve the administrative compensation procedures for doing what is right.By improving the procedural provisions of administrative compensation for those who act bravely for justice,not only can the procedural rights of those who act bravely for justice be guaranteed,but also play a good role in restricting and supervising the administrative compensation behavior of functional departments.Sixth,optimize the administrative compensation fund supervision mechanism.A sound administrative compensation fund supervision system is the basis for administrative compensation for those who do just right.It is recommended to increase capital supervision while broadening financing channels to lay a material foundation for the realization of comprehensive relief for those who do just right.Seventh,construct a diversified relief system for administrative compensation.Supervise the administrative compensation behaviors of administrative organs through multiple channels,so as to realize timely and comprehensive relief for those who act bravely.Constructing a sound administrative compensation legislation,deepening the government’s sense of responsibility for the protection of the rights and interests of those who are righteous,and maximizing the relief and protection of the legitimate rights and interests of those who are righteous and brave,promote the spirit of righteousness,practice the core values of socialism,and build society A harmonious society is essential.In addition,a complete administrative compensation legal system is also of great significance for further promoting the government and citizens to work together to jointly maintain social order,support social justice,and promote the overall development of my country’s socialist spiritual civilization.