行政补偿的理论基础是构建行政补偿法律制度的法理依据,也是行政法学界长期争论的一个问题。文章在浅析行政补偿概念的基础上,回顾了行政补偿法理基础相关学说的分类,最后指出就我国实践而言,行政补偿制度的理论基础应该以人权保障说为前提,以特别牺牲说为基础,以公平负担平等说为原则。 The theoretical basis of administrative compensation is to establish the legal basis for the legal system of administrative compensation, but also a long-standing controversy in administrative law circle. Based on the analysis of the concept of administrative compensation, the article reviews the classification of the related theories on the basis of administrative compensation law, and finally points out that for the practice of our country, the theoretical basis of administrative compensation system should be premised on the guarantee of human rights and based on special sacrifices , The principle of fair burden of equality as principle.