On The Administrative Compensation Of Indirect Relative In Administrative Licensing

In the administrative license, except a direct relative, under what circumstances, what kind of license indirect relative, have the right to enjoy the administrative compensation? These problems have many unclear and controversial. Indirect administrative license relative who refers to the administrative licensing, change, renewal, withdrawal, revocation process, the licensing act indirectly for, or affected by the licensing results, and there is interest, except the licensing authority and licensing applicants of citizens, legal persons or other organizations. The use of administrative licensing "indirect relative" instead of "third person" has many advantages.Litigation interests is the core element for people to have the qualification to enjoy the administrative compensation claims. This element manifested in various countries:"the fact that adverse effects" standard in the United States, "sufficient interest" standard in the United Kingdom, "personal interests" standard in the French, "legal interest" standard in Japan and South Korea, "statutory private right and exceptions to the" standard in German, "legitimate interest" standard in China. China should learn from standards of Japan and South Korea, to permit people to have the qualification to enjoy the administrative compensation claims when "legal interests" irrupted from relative license.We can identified the causality between administrative licensing and the indirect relative's damage, as soon as there is a direct causal between administrative licensing and "proximate cause" of the indirect relative's damage. Interruption of causality can lead to the elimination of administrative liability. "Legal interest relations" has great value for the identify of causation. Liability doctrine of administrative compensation to indirect relative in administrative licensing should distinguish among the different treatment situations:Generally, transgression criterion of liability. Indirect infringement of dereliction of duty, fault liability. Common malicious tort, fault and illegal liability. The scope of the executive compensation for indirect relative in administrative licensing should include three aspects:Which liability should countries have response to the damage caused by it's acts; How much liability should countries have under it's different behaviors with different subjective faults, and the scope of compensation is different when liability doctrine is different; Which damages of litigant should be compensated.The licensing authority's liability depends on liability doctrine when illegal to make "Discretionary Administrative Licensing". No matter the licensing authority's legal obligations are formal review or substantive review, when the licensing decision is illegal and lead to damages to the Indirect relative in administrative licensing, the licensing authority should bear the additional liability, but when the licensing authority and the applicant collusion, shall be liable for compensation responsibility. Administrative liability of absence license supervision should be considered the case of interruption of causality.