Research On The Scope Of Administrative Compensation From The Perspective Of Civil Law

In our country’s administrative compensation cases,it is a universal fact that the victim’s losses cannot be completely filled.The narrow range of administrative compensation undoubtedly encourages the occurrence of state infringement,which is equivalent to causing "secondary injury" to the victim,and is inconsistent with the establishment of the administrative compensation system.This article follows the basic idea:statement of problem->analysis of problem->the solution of the problem,and re-examines the scope of administrative compensation from the perspective of civil law.It combs measures to improve the scope of administrative compensation to provide more comprehensive protection for victims.First,through the historical review of the scope of administrative compensation,we discovered the limitations of the scope of administrative compensation in China,which is mainly reflected in the following aspects.The determination of the scope of administrative compensation is irrational at the theoretical level,which is reflected in the fact that the range of torts is ambiguous and the scope of damages is narrow.At the practical level,combined with case studies,the main considerations for determining the scope of administrative compensation and the existence of disputes were found.Second,from the perspective of civil law,we examine the scope of administrative compensation.The similarities between civil law and administrative law,and the integration of civil law and administrative law provide the theoretical premise and practical basis for reviewing the scope of administrative compensation by civil law.From the perspective of civil law,we examine the main factors affecting the determination of the scope of administrative compensation,including compensation standards,principles of imputation,the spirit of the rule of law,state financial resources,administrative systems and the judicial system.It was found that these factors should not become obstacles to the scope of administrative compensation.Here,it is unreasonable to confirm the scope of the current administrative compensation from the opposite side.Third,through the introduction and analysis of the determination of the scope of administrative compensation mainly represented by the two major legal systems,we understand the basic context of the development of the scope of extraterritorial administrative compensation,and provide extra-regional reference for the determination of the scope of administrative compensation in China,including the principle of imputation of administrative compensation should be changed from a single principle of liability to a multiple imputation principle,the standard of administrative compensation should be changed from comforting compensation standard to compensatory compensation standard,and the scope of administrative compensation should mainly consider the protection of the victim.Here,it provides a practical basis for expanding the scope of administrative compensation from the positive side.Finally,based on the perspective of civil law,this paper puts forward suggestions for the reconstruction of administrative compensation scope in China.In general,the article proposes three logical shifts in determining the scope of administrative compensation.This includes a logical turn from "behavior" to "result",a logical turn from "discrimination" to "unity," and a logical shift from "pure administrative responsibilities" to "civilization of administrative responsibilities." Specifically,in the determination of the scope of compensation for property damage,the principle of civil "all compensation" should be adopted;in the determination of the scope of compensation for personal injury,the scope of compensation for civil injury should be learn from;in determining the scope of compensation for mental damage,the function of spiritual damage solatium should be precisely positioned,the principle of application of mental damage compensation should be increased,the scope of rights and interests of mental damage compensation should be expanded,and the applicable threshold of mental damage compensation should be distinguished.