论我国行政赔偿范围的拓展与改良

行政赔偿肩负着宪法与行政法的双重期待,担当着控制行政权和保障公民权的历史使命,故自其诞生之日起就享受着广泛的关注与宠爱。而作为直接关乎着公民权之救济疆域的行政赔偿范围,依然偏安于其狭小的一隅,难以适应我国宪政发展需求。因此,有必要从立法例、行政赔偿的侵权行为范围、侵权损害范围三个方面入手对我国行政赔偿范围加以拓展,并进行制度性改良。期许通过此探究,对我国行政赔偿制度的完善有所裨益。

On the Expansion and the Improvement of our Executive Compensation

Executive compensation shoulders the dual expectations of Constitutional and Administrative Law,and has a historical mission of controlling the executive power and protecting civil rights.Due to these reasons above,it has received extensive attentions and favors since its birth.However,the range of executive compensation that is directly related to the relief territory of citizenship is still very narrow,which is difficult to adapt to China’s constitutional development and meet its needs.Therefore,it is necessary to start to expand the scope of our executive compensation and to make an institutional improvement from the three aspects,the enactment of legislation,the scope of infringement act and the range of damages.The goal of this paper is to promote the perfection of our executive compensation system.