行政取证行为补偿制度之研究——兼论我国行政补偿制度之缺陷与完善

On Administrative Evidence-collecting and Administrative Compensation

本文从现实发生的案例入手,分析论证了行政取证行为的强制性合法性非独立性处分性与后续行为的相关性补偿性等特点,并以此为突破口,从管理法与控权法的比较分析及行政责任制度的角度入手,深入探讨了我国行政补偿制度存在缺陷的传统文化因素与现实观念因素,进而提出包括行政取证在内的行政补偿制度完善的总目标。

Basing on certain cases in reality, the article analyzes and demonstrates several characteristics of administrative evidence-collecting as enforceability, legality, nonindependence, punishment, along with that of the following-up act as relevancy and compensation, starting from which, the article thoroughly probes into relevant factors in traditional culture and current concept accounting for the defect in our administrative compensation, conducting comparative study between regulation law and power control law, as well as other research on administrative liability, and further, advances the total target to perfect our administrative compensation including administrative evidence-collecting.