The Introspection Of Administrative Compensation First Processing Program

The beforehand conductive procedure begins with the claimant individually claims administration compensation, this process suits the administrative authority self-correction program. As the first part of administrative indemnification program, whether the designing of the procedure is rational directly affects the timely and efficient relief of the claimant's legitimate rights. "The State Compensation Law" amendment was put in place in 2010 that perfects all aspects of the national compensation. Although this amendment has many positive aspects, it is still inefficient. This dissertation will introspect the beforehand conductive procedure based on the change of the "The State Compensation Law ".Our state's beforehand conductive procedure is quite simple; it doesn't have a very clear guidance. That leads to an inefficient result when the beforehand conductive procedure runs in service, so that introspecting and perfecting the beforehand conductive procedure has practical requirements. Using experiences of foreign countries for reference, this dissertation sets the beforehand conductive procedure as a necessary procedure, under this condition, this essay will come up with some perfection suggestions of the procedure. Enlarging the startup condition of beforehand conductive procedure, it not only can be started by claimant's request, but also started by obligational authority; to protect claimant's right of claim, it is suggested to put the limitation interrupt theory into the duration of the beforehand conductive procedure; in addition, the"negotiation method"is also helpful to deal with compensation; refining the specific procedures, bringing Hearing system and Receipted system; connecting the beforehand conductive procedure with the executive process and legal process and expediting the relative relief channel are aspects that could be explored. "The State Compensation Law" is the integration of procedural law and substantive law. As a part of the State Compensation System, it would not be comprehensive if the research on program only content and do not involve substantive issues. This essay improves both content and related substantive factors of the beforehand conductive procedure at the same time. The aim is to improve the eligibility criteria of claimant, ensure the qualification of claimant by using the standard rule"legal interest", confirm the organ under compensatory obligations by distinguishing general tort and special tort; expand the scope of compensation, take indirect injury and mental injury into it; abolish the advance payment system, and compensate by Treasury Department uniformly. The thesis analyzes the deficiency of the beforehand conductive procedure from program aspect and entity aspect, and presents some improving suggestion to enhance the operability.