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The Administrative Compensation civil Compensation Association Problem

Author: ZhouHua
Tutor: ZouRong
School: East China University of Politics and Law
Course: Constitutional and Administrative Law
Keywords: Administrative Compensation Civil compensation Related phenomena
CLC: D923
Type: Master's thesis
Year: 2004
Downloads: 233
Quote: 2
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Abstract


\Due to the impact of the law enforcement environment, the concept of law enforcement , the level of law enforcement , as well as citizens' awareness of their rights and other factors , there are still many problems and controversies in the implementation process , the State Compensation Law, even some people called \State Compensation Law in the design of the system is far too principle , resulting in the judicial process , some of the issue of compensation not know where to begin , some of the problems of the legal use of the confusion and non-uniform . Executive compensation as one of the kinds of state compensation , also exists in the system design aspects of the controversy and blank . With the concept of the rule of law and the implementation of the strategy to promote the establishment of administrative compensation system is imperative . The paper, from the point of view of the trial practice through empirical analysis and value analysis , combined with domestic and international legal system , the comparison of the academic theory to explore the associated problems of our executive compensation and civil compensation . In practice, there have been two of the most common associated phenomena , on the analysis of such phenomena as alluding to the system to understand and program design . In judicial practice , damages , such as public facilities , public works , administrative compensation or civil damages should apply , there is confusion judgment . Author from the criteria of administrative disputes and civil disputes , administrative compensation and the essential characteristics of civil compensation , further defining the two compensation distinction and identification methods . Thus, to rationalize a reasonable victim should choose the right channels for relief , and the trial court should apply the correct program . Through the analysis of the the of Damage Inflicted \how convergence ; issue of compensation and how to balance the interests of all parties , and this system design . In this way, I look forward to the perfection of the system of administrative compensation , trial processing of practical problems , to ignite the \

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CLC: > Political, legal > Legal > Chinese law > China and France
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