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Research on the System of Administrative Compensation

Author: ShiXiaoBo
Tutor: QuBo
School: Changchun University of Science and Technology
Course: Constitutional and Administrative Law
Keywords: Executive Compensation Executive compensation Legal remedies
CLC: D922.11
Type: Master's thesis
Year: 2008
Downloads: 157
Quote: 0
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Abstract


Executive compensation system is the administrative body based on public interest, the legitimate exercise of public authority, resulting in citizens, legal persons or other social organizations of the legitimate rights and interests have suffered damage, while the system of compensation according to law. Executive compensation system fully reflects the protection of the rights of citizens, reflecting the public interest and private interests and coordination between the opposition, the rule of law is an indispensable building the legal system. Today, administrative compensation system of administrative law scholars has not yet attracted widespread attention, nor develop uniform national laws to be adjusted. China's current administrative compensation system has been far from administrative activities to meet our actual needs, and our democracy, the rule of law are incompatible development process. In this case, the administrative compensation system for research, establish and improve the administrative compensation system, the legal system has become an important administrative task. Administrative compensation system in the theoretical research, legislation, legal remedies are present on certain defects, mainly in: legislative, executive compensation for the lack of constitutional provisions of the basic principles, while China has not yet promulgated the \provisions relating to compensation messy and fragmented; theoretical research, our country no systematic theoretical system, did not give China's administrative compensation system to provide strong theoretical support; legal remedy, the remedy of compensation for administrative relatively simple way, the current Only one way for administrative reconsideration, administrative relative person can not live to adequate legal safeguards. This is due to inadequate attention to the guiding ideology, rooted traditional concepts, underlying theory is relatively backward, legislative technique has lagged far behind the state's limited financial resources and other causes. In the future, legislation, to change administrative concepts, strengthening of administrative compensation theory, an increase in the Constitution and the fundamental principles of administrative compensation requirements, and as soon as possible, \Compensation of theoretical research, effective learning foreign advanced theory, the right to use them to our current legislation; also explicitly in the Constitution and the law relative to the legal status, increased relative to compensation legal basis; also to increase our legal relief approach, in order to be more effective relative relief.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Administrative decree
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