行政赔偿论文：论我国行政赔偿制度之完善.docVIP

- . z 行政赔偿论文：论我国行政赔偿制度之完善 【中文摘要】行政赔偿是指行政主体**实施行政行为,侵犯相对人合法权益造成损害时由国家承当的一种赔偿责任。我国行政赔偿制度可以追溯到1946年的?中华民国宪法?。新中国成立以后1954年我国公布了?宪法?,在这这部法律中,正式确立了行政赔偿制度。1995年1月1日我国公布并实施了?中国人民**国国家赔偿法?,同时以此为契机,我国的国家赔偿制度逐渐健全,行政赔偿制度也随之形成和完善。尽管如此,我国宪法对行政赔偿制度的规定过于原则,在实践中的操作性难度较大。因此研究行政赔偿制度,不仅具有一定的现实意义,同时必将产生深远影响。本文主要通过列举我国行政赔偿制度中存在的行政赔偿*围过窄、程序不清、标准过低等问题,并提出相应的完善举措,以期到达对我国现行的行政赔偿制度完善的。 【英文摘要】In modern days the administrative power has infiltrated into the every field of the society. The administrative pensation has been attached importance to most countries in the world. Because the system of administrative pensation has been started recently, the people often meet the ugly situation such as the situation of refused to being pensated and the pensatory payment is not enough. This leads us to be aware that there are a lot of problems are to be solved in the administrative pensation system. But the system of administrative pensation will be perfected as the study being deepened in this field.The narrator e*pects to help solving the practical problems of the administrative pensation by drawing lessons from the overseas and keeping analyzing the system of administrative pensation.This article is developed into four parts. The first part is the introduction of the system of administrative pensation. This part is the base of the other parts by introducing the definition of administrative, the character of the system of administrative pensation and the parison with the system in overseas.The second part analyzes the elements of the administrative pensation system. Who can be pensated, who should pensate, what is the scope of the pensation and what reason can lead for pensation in the system of the administrative pensation. These serve the later parts of the e*isting problems in the system of the administrative pensation.The third part mainly e*patiates on the problems e*isting in the current system of administrative pensation according to the