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公共应急行政补偿是公共应急制度和国家补偿责任的重要内容,它在范围上涵盖了一般行政补偿的所有类型,但以合法行政紧急措施造成的特别牺牲补偿和公务协助的特别牺牲补偿为主。紧急行政补偿程序与一般行政补偿程序有一定区别,但其正当与否决定了实体补偿标准与方式是否公平合理。我国相关公共应急立法已初步规定行政补偿制度,但多为原则性的规定,且有不少立法“空白”。这种状况应在进一步完善我国应急立法及相关法制时尽快改善。
Public emergency administrative compensation is an important part of public emergency response system and national compensation liability. It covers all types of general administrative compensation in scope, but it is mainly based on special sacrificial compensation caused by legal administrative emergency measures and special sacrifices for public assistance. There are some differences between the emergency administrative compensation procedure and the general administrative compensation procedure, but its fairness determines whether the standard and method of the entity compensation are fair and reasonable. The relevant public emergency legislation in our country has preliminarily stipulated the administrative compensation system, but most of them are the principle provisions and there are quite a few legislations “blank ”. This situation should be improved as soon as possible to further improve our emergency legislation and relevant legal systems.