Discussion On The Mechanism Of Compensation For Damage Caused By The Effect Attached To The Act Of Public Power

The damage of the effect attached to public power behavior is more and more common in today’s social life,especially in public health emergencies.Compensation for damage caused by the effect attached to the act of public power is one of the types of administrative compensation.Generally,it refers to that the administrative subject has implemented a kind of legal public power act to the citizens,legal persons or other social organizations based on the needs of social public interests,and other accidental damage to the citizens’ personal rights or property rights has occurred in the process of implementation.With the rapid development of China’s market economy,the human rights protection mechanism is constantly strengthened,and the awareness of citizens’ rights is constantly improving,which leads to the increasing administrative disputes between the public power behavior and the interest balance of private rights,especially the loss of public power behavior after the public health emergency has risen to the white hot stage,and the administrative organ is in the process of emergency response.In order to maintain social stability and protect citizens’ life,health and property safety,the legitimate rights and interests of some administrative counterparts are often limited,abridged or even deprived with the rescue,disposal and reconstruction of public health emergencies.Although these public power acts are legal,they bring direct or indirect damage to the personal and property of administrative counterparts.In public health emergencies,the damage caused by the effect attached to the act of public power is hidden,accidental and unpredictable,and sometimes ignored,but the breadth and depth of the damage itself is not less than the damage caused by the act of public power directly.If there is no relevant compensation system in law,it will lead to a lawsuit after the legal rights and interests of the administrative counterpart are damaged.Without doors,it is not conducive to the development of social harmony and stability,but also a blow to the enthusiasm of citizens.The effective containment of public health emergencies can not be separated from the full support of the masses.A perfect administrative compensation system is an important bridge and link to balance public and private rights.However,at present,the administrative compensation system in our country isnot perfect and lacks the corresponding compensation mechanism,and the compensation for the damage caused by the effect attached to the public power behavior is rarely mentioned.The compensation system in this field is basically realized by policy adjustment,so its randomness and injustice are more prominent.Due to the confusion and disunity of the existing provisions of administrative compensation,and the lack of certain operability,the law enforcers are arbitrary and arbitrary in the actual compensation operation.As a result,unscientific,unreasonable and even blank administrative compensation will inevitably lead to the abuse of administrative power and excessive exercise of authority.By using the methods of literature research,comparative analysis and empirical research,this paper analyzes the compensation of the damage caused by the legal public power behavior in the current public health emergencies in China,from the concept and classification of the damage caused by the effect attached to the public power behavior,the current situation of the administrative compensation in the public health emergencies,the compensation for the damage caused by the effect attached to the public power behavior in the public health emergencies.The current situation and existing problems in the emergency events,the reference of compensation system for public health emergencies in foreign countries to the compensation for damage caused by public power behaviors in China and the suggestions for improving the compensation for damage caused by public power behaviors attached to public health emergencies in China are analyzed in depth,so as to explore the administrative compensation mechanism and mechanism suitable for China’s national conditions in the emergency public health events.Compensation method.