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Administrative Compensation System

Author: LiuLiangHua
Tutor: WangWanHua
School: China University of Political Science
Course: Legal
Keywords: Executive compensation Public interest Lawful act Extraordinary losses
CLC: D922.11
Type: Master's thesis
Year: 2005
Downloads: 296
Quote: 1
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Abstract


Based on the investigation abroad and Taiwan region of China on the basis of administrative compensation system, combined with our existing administrative compensation legislation, a number of administrative compensation system problems are discussed and studied. This paper is divided into three parts for analysis and discussion: The first part is executive compensation overview. First, the concept of executive compensation and characteristics. In this paper, on the basis of a comparative analysis of administrative compensation for relatively broad understanding of the concept of administrative compensation is defined as \terms of behavior or the behavior of the legitimate exercise of powers incidental effect to specific citizens, legal persons or other organizations of the legitimate rights and interests of particular losses, as well as specific citizens, legal persons or other organizations to safeguard the public interest leaving their legitimate rights and interests suffered particular losses and, based on the principle of fairness, according to the administrative body of the citizens, legal persons or other organizations to duly compensate the loss suffered by the regime. \Second, executive compensation system generates and development. Introduced the foreign administrative compensation system and the emergence and development of administrative compensation system generates and development. Third, the nature of executive compensation. Understanding of the nature of the Executive Compensation, existing differences. Based on the analysis of the representation of the current view, we think that is the nature of executive compensation administrative body to fulfill legal obligations as a remedial specific administrative act. Four constituent elements of the executive compensation. Executive compensation will be divided into administrative body or the legitimate exercise of the legitimate exercise of powers authority acts incidental effect caused by the behavior of administrative compensation and citizens, legal persons or other organizations to safeguard the public interest because of losses suffered in particular due to the two types of administrative compensation, because these two types of administrative Elements of compensation there are some differences, so their were elaborated and defined. The second part is the basic elements of executive compensation. First, administrative compensation obligations. Executive compensation is a national duty, shall be given administrative body as compensation on behalf of States to fulfill their obligations. Second, executive compensation range. Executive compensation for compensable acts ranging from equity type interests range of loss, matters four angles separately defined. Third, administrative compensation. On administrative compensation standards, there are two views on the theory that \This paper argues that in our current circumstances, the executive compensation standards appropriate to prefer the latter. Fourth, administrative compensation procedures and remedies. Executive compensation program will be divided into pre-compensation, after compensation program and active compensation procedure, according to the administrative relative person for compensation procedures are discussed separately, while the executive compensation that should be on the administrative and judicial remedies. Five are executive compensation.

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