Research On Administrative Compensation In Illegal Compulsory Demolition

Administrative compensation refers to a system in which the state bears the responsibility for compensation if the administrative agency and its staff infringe upon the lawful rights and interests of citizens,legal persons or other organizations and cause damages in the course of exercising their powers.With the rapid development of the times,in the process of modernization,the government’s demand for land is increasing.In order to speed up the process of urbanization and improve the construction of urban infrastructure,cases of administrative compensation caused by illegal demolition have emerged one after another.In this type of administrative compensation cases,issues such as housing compensation standards,the definition of direct losses,and the distribution of the burden of proof have been controversial in practice,and it is not uncommon fordifferent judgments in the same case to occur.The principle of administrative compensation in the "State Compensation Law" is the "principle ofappropriate compensation",which is mainly soothing.In today’s economic environment,the "consolation principle" no longer adapts to the development of society.In the National Compensation Law,the definition of direct losses,the lack of specific compensation calculation standards,and the distribution of the burden of proof that the amount of compensation cannot be determined due to administrative organs are different in practice,and the protection of victims is not fully protected.Is not conducive to the construction of a socialist society under the rule of law.Starting from three cases,this article analyzes the above-mentioned problems in the cases,hoping to clarify the specific meaning of the law,unify the standards for the application of the law,and restore the authority and stability of the law,so that it can be unified in judicial practice.Every mass of thepeople can feel fairness and justice in the judicial process.