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补偿的标准与方式是补偿制度建构的基础要素,在一定程度上决定了行政补偿的有效性。在海洋世纪由发展远景向发展实践快速转变的背景下,伴随着公权与私权博弈的深化,传统渔民用海权行政补偿制度日益凸显其重要性。根据当前中国国情实际,应以恢复传统渔民用海权的圆满状态为目标,以有利于维持传统渔民的生活方式为原则,将“完全补偿”作为传统渔民用海权行政补偿的标准,综合采取实物补偿为主、金钱补偿为辅、扶持政策配套的方式,切实保障传统渔民的合法权益,维护渔区社会稳定。
The standard and method of compensation are the basic elements of compensation system construction, which to a certain extent determines the effectiveness of administrative compensation. Against the backdrop of the rapid development of the marine century from a development perspective to a development practice, with the deepening of the game between public rights and private rights, the traditional fishermen’s administrative compensation system for sea power has become increasingly prominent. According to the current situation in China, the goal of restoring the consummation of the sea power used by traditional fishermen should be the goal, and the principle of “full compensation” should be taken as the criterion for administrative compensation of sea-power by traditional fishermen in the principle of maintaining the traditional fishermen’s way of life. Comprehensive take the form of in-kind compensation, supplemented by monetary compensation, to support the way the policy package, and earnestly protect the legitimate rights and interests of traditional fishermen to safeguard the social stability of the fishing area.