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学术界对行政补偿的概念有不同的认识。关于行政补偿的范围,从行政主体方面有抽象行政行为引起的行政补偿、具体行政行为引起的行政补偿和行政事实行为引起的行政补偿三种;从行政相对人方面有协助公务受损的行政补偿和为公共利益而受损的行政补偿两种。行政补偿是指行政主体基于公共利益合法行使职权给相对人造成人身伤亡或财产损失,或者公民、法人或者其他组织的公益行为引起人身伤亡或者财产损失,由行政主体依法予以合理补偿的制度。
The academic community has different understanding of the concept of administrative compensation. Concerning the scope of administrative compensation, there are three kinds of administrative compensation caused by abstract administrative acts, the administrative compensation caused by specific administrative acts and the administrative factual acts caused by the administrative factual acts. Administrative compensation for the loss of civil service from the administrative counterparts And for the public interest damaged administrative compensation of two kinds. Administrative compensation refers to the system of the administrative body giving reasonable compensation according to law by the administrative body in accordance with the law when the administrative body legally exercises its powers based on the public interest to inflict personal injury or loss of property or damage to property to the relatives, or cause personal injuries or property losses caused by the public welfare activities of citizens, legal persons or other organizations.