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Talk About The Our Country Administraative Conpensation Standards

Posted on:2015-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:X HeFull Text:PDF
GTID:2296330431479056Subject:Constitution and Administrative Law
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More than100years ago, with the development of the democratic system, the national compensation law system was established. Now, in the world, most of countries have enacted its own law on state compensation, and sets the specific standard of compensation. However, the administrative compensation standard is still relatively low in China’s current "State Compensation Law", the method of calculating the administrative compensation evidents the problems.Today,with the rapid development of the social economy and the continuous process of demoracy law, the too low and unbalanced compensation standards obviously and lack of the existence of the inherent meaning and spirit, the mainly problem is the standard of compensation principle.To establish the standard of administrative compensation, China should adopt the principle of compensatory compensation standard, and this condition has been fully exist. With the development of society and gradually raise the standard of administrative compensation that has great significance to improve the theoretical foundation of national compensation system of China, it can effectively achieve to hold the power and build a government under the law. To compare and analysis the China’s economy and the history of social status, and refer to the experience of other countries, this paper researches the necessity and feasibility of the standard of administrative compensation. No matter in theory or the process of judicial practice, we need to improve the standard of our executive compensation to achieve more effective protection to citizen’s human rights and legal rights. At the same time,we also need to distinguish to various situation and select different standards of state compensation."State Compensation Law"in China has been made some changes and add the spirit damage into the scope of administrative compensation which is the main achievement. It reflected the process of China’s political civilization and legal civilization, at the same time, it becomes the results of scholars and legal practitioners who work hard constantly. The mere suggestion that it is necessary to research the administrative compensation deeply. Because,it can not only provide more comprehensive basis for related academic research, but also bring significant reference for revising the legislation in the future.
Keywords/Search Tags:administrative compensation, administrative compensationstandards, the principle of administrative compensation, administrativecompensation
PDF Full Text Request
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