论我国行政补偿程序的完善

The Present Conditions and Thoughts of Our Country's Administrative Recuperation Procedure

行政补偿作为公共利益与私人利益平衡的一种机制,其程序带有很强的协商谈判的色彩。国外行政补偿有行政程序与司法程序两种,其中,行政程序以协商为主,司法程序以民事诉讼为主。相比之下,我国行政补偿程序更强调行政性,在实践中,容易对公民权益造成损害。应加强行政补偿程序的专门立法,同时健全现有法规,完善我国行政补偿程序,保护公民权益。

As a kind of mechanism of balancing public interest and private benefits, the procedure of administrative compensation has strong characteristic of negotiation. In foreign countries, procedure of administration compensation can be divided into two categories： administrative procedure and judicial procedure. Among them, the administrative procedure mainly relies on consulting, the judicial process mainly referred to civil action. Comparing with them, our country＇s administrative compensate procedure has more administrative characteristic, which can easily do harm to citizen＇s rights in practice. In order to protect citizen＇s rights, we should build up legislation about procedure of administrative compensation.