Research On The Scope Of Administrative Compensation In China

As a result of the further expansion of administrative power in modern social life,the degree of "administrative involvement" in citizens’ lives has increased significantly.The legal phenomenon of damage to the legitimate rights and interests of citizens occurs frequently in the context of official infringements by administrative bodies and their staff.Administrative compensation plays an active and effective role in safeguarding the legitimate rights and interests of citizens.It establishes a close link with the scope of access to remedies for the administrative counterpart,which determines the scope of liability of the organ liable for compensation and,to a certain extent,reflects the scope of the exercise of the court’s jurisdiction in administrative compensation cases.Improving the scope of administrative compensation and related contents can better protect the legitimate rights and interests of victims and monitor the administrative actions of administrative organs.The current scope of administrative compensation in China has the following problems.Firstly,the scope of administrative compensation is narrow.The current legislation adopts the standard model of parallel acts and rights,excluding the cases of inaction and harm caused by publicly owned public facilities,and limiting the scope of acts of administrative compensation to specific administrative acts.This standard model compresses the living space of citizens’ right to remedy and simply frames the protection scope of administrative compensation to personal and property rights.Second,the principle of attribution of administrative compensation is too single.The single principle of imputation of liability for violations has limitations,such as discretionary administrative acts and damages arising from administrative factual acts are excluded.Finally,the national compensation system for moral damage is still flawed.Its scope of compensation is limited to the legal consequences of damage to personal rights,which is too narrow and has some room for expansion compared with the ordinary civil compensation for moral damage.The narrow scope of compensation is the main problem of the current scope of administrative compensation in China.The existence of this problem cannot ensure the effective supervision of the administrative organs’ lawful exercise of power.At the same time,it also affects the formation of self-monitoring mechanism of administrative organs and causes the limitation of civil rights relief.This article combines the specific situation of China,drawing on the extraterritorial legal norms and judicial practice,to improve the scope of administrative compensation in China.First,the scope of administrative compensation should be further improved and reasonably and prudently expanded.With the value guidance of "expanding the remedies for citizens’ rights and interests",two types of compensable bases are added,namely,damages caused by administrative inaction and damages caused by publicly owned public facilities.Secondly,in the principle of imputation,the construction of a diversified system of imputation principles,general administrative acts causing harm continue to apply the principle of illegality,to be able to supervise the administrative organs in accordance with the law.The application of the no-fault principle to harm caused by publicly owned public facilities enables a reasonable balance to be struck between the risks arising from dangerous acts.Finally,in the moral damage compensation,moderate expansion of the scope of moral damage compensation,as far as possible to avoid the administrative relatives of the situation of inadequate relief.On this basis,to achieve the supervision of the administrative organs in accordance with the law,for the protection of the legitimate rights and interests of citizens plus a layer of "golden bellows".