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On the Administrative Compensation Legislation Model

Author: ZhuGuangWei
Tutor: ZhangFeng
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Collection Expropriation Executive compensation Public interest
CLC: D922.11
Type: Master's thesis
Year: 2005
Downloads: 197
Quote: 1
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Abstract


March amendment to the Constitution established the Expropriation, compensation system, to further improve the relevant system in the specific legal constitutional basis. In addition to the individual single law on compensation for certain administrative areas in China made some scattered provisions, the overall standardized administrative compensation system has not yet been established, a large number of compensation issues in our country is currently no legal basis to enable the citizens, legal persons and other the legitimate rights and interests of the organization are not compensated for the losses suffered due to the \Looking draw on the compensation theory system at home and abroad on the basis of, try to explore Administrative Compensation Legislation Model. The first chapter discusses the concept of executive compensation, the nature and the constituent elements. That executive compensation is the administrative body of its based on the purpose of the public interest in the management of the public affairs of the state and society, due to the lawful exercise of public authority acts resulting in the special loss suffered by the legitimate rights and interests of citizens, legal persons or other social organizations, as well as special sacrifice suffered by the citizens, legal persons or other organizations for the maintenance of social and public interests, the legal system in accordance with the principle of fair and equitable compensation. Executive compensation is the nature of a specific administrative act, the administrative body based on modern society, the country's \From the compensation body, the purpose and nature of the compensation behavior of the reasons, in particular, the consequences of loss and causal relations are discussed in the constituent elements of executive compensation. Domestic and international administrative compensation system and its system are discussed in the second chapter. Looking at the domestic and international administrative compensation system, the various forms of administrative compensation system in China, the initial formation of the Constitution as commander in chief, as the core of NPC statutes (especially the Land Management Law), as the main body of the relevant regulations of the State Council, local laws and regulations, regulations to complement the full range of multi-level administrative compensation legal system. Chapter III of China's current administrative compensation system were analyzed. China's current executive compensation, in addition to individual single law made some scattered provisions, the overall standard administrative compensation system has not yet been established, to enable citizens, legal persons and other organizations should be due to the losses suffered by the \compensation, or even not compensated. With the acceleration of the process of the rule of law, administration according to law, proposed to build the rule of law and government targets, establish and improve the overall standardization of administrative compensation system is imperative, and that the Basic Law of the administrative compensation through the development of uniform, the executive compensation system some of the most basic problem is to make a clear and uniform regulations to avoid dispersion legislation that may arise omissions or fragmented situation. Chapter IV attempts to guiding ideology and basic principles of administrative compensation legislation, the scope of administrative compensation, executive compensation standards, executive compensation, executive compensation program, administrative compensation relief and aging system designed to harmonize administrative compensation legislation mode .

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