A Study On The Administrative Compensation Standard System

Along with the rapid development of economy and urbanization in our country, more and more disputes on administrative expropriation have occurred, one reason of which is that the citizens do not get a fair and reasonable compensation. The establishment and perfection of the administrative compensation system not only has a direct bearing on the effective guarantee of citizens’ property rights and interests but also relates to the realization of public interests. And therefore the administrative compensation standard plays a quite critical role in weighing and balancing these two aspects. This thesis, based on this background and starting from the existing problems in the current legislation of administrative compensation standard system, explores the reasons that give rise to these problems in real life and accordingly put forward some legal suggestions to its perfection. The introduction part of the thesis introduces the topic of administrative compensation standard from the typical cases in real life, and the following main body includes four sub-parts:The first part mainly concerns the related concepts of administrative compensation standards system, including the definitions of administrative compensation and administrative compensation standards, the research significance of administrative compensation standards, thus specifying the current research object and laying the theoretical foundation for later research.The second part focuses on the analysis of current legislative situation of administrative compensation system and the existing problems in China. From the level of constitution and legal norms, this part concludes that at the constitution level the administrative compensation standards lack the overall guidance, and at the legal norms level the regulations on administrative compensation standards also have some imperfection such as non-uniform in formulation, irrationality and inequality in regulation making subject and specific calculation. A detailed list of existing problems is given in this part to make the following suggestions more specific and targeted.The third part concentrates on the reasons for the excising administrative compensation standard system defects. The thesis, with the hoping to provide basis for the further perfection of legislation in our country, tries to find out the deep roots of the legislative problems from the perspective of ideology, national legal system and national finance and economy respectively.The fourth part, based on the above analysis, puts forward some suggestions to the perfection of administrative compensation standards system in our country. It mainly includes three aspects:to set up the correct view of balance between public interests and personal interests, to determine the basic principles of fair compensation and to establish a fair and reasonable system of administrative compensation standard. To establish the system, it is a must to formulate fair and reasonable compensation scope, set up fair and reasonable compensation standards, specify compensation benchmark date and establish market assessment mechanism, only the mutual coordination of which can ensure the balance of public interests and personal interests and achieve the social and economic development and stability.To sum up, the thesis, by analyzing the administrative compensation standard system, aims to explore the existing problems in the present administrative compensation standard system, thus providing some practical suggestions for its perfection and improvement.