试论行政补偿的基本原则

On the Basic Principle of Executive Compensation

在我国,由于统一的行政补偿法的缺位和行政补偿基本原则的缺失,各单行法律法规对行政补偿原则规定各不相同。实践中,行政补偿的范围和标准一般由行政机关自由裁量,政策调整性明显,造成补偿的不稳定性和差异性。通过了解国外行政补偿基本原则发展演变过程,可发现完全补偿原则是各国行政补偿基本原则的最终归属。鉴于实现民主法治的目标和立法应具备的超前性,提出我国应确立完全补偿原则作为行政补偿的基本原则,并从理论分析与现实考察两方面进行论证。

In China, since the absence of the compensation law and the basic principles of executive compensation, the principles of compensation stipulated by the single line of different administrative laws and regulations varies. In practice, the scope of executive compensation and standards is the executive discretion, obviously a result of policy adjustments, resulting in instability and differences in compensation. By analyzing the basic principles of foreign executive compensation development and evolution process, we can find that the principle of compensation is ultimately to compensate for all. In view of achieving the goal of democracy and rule of law and the legislature being forward looking, it is agued that the principle of full compensation should be established as the basic principle of executive compensation in China.