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Administrative compensation system plays an important role in modern country ruled by law. But the reality of the situation in China, this system still exist in many immature, imperfect, unreasonable, such as legislation in many areas, just in principle provisions, and even can be said is basically rely on national policy adjustments, which administrative compensation huge difference in practice. Cause this system there is a lack of the main reasons is that our long-term national interests, the public interest on the supremacy of the relative lack of efforts for the protection of the legitimate rights and interests of private citizens, resulting in a huge imbalance of public power and private rights, while The modern legal theory that the state power as their respective members approved a symbol of power, can not shirk its responsibility to protect the legitimate rights and interests of each member. Therefore, in the administrative compensation system to establish their practice, we should pay special emphasis on the protection of the legitimate rights and interests of private. The nature of executive compensation should be legal administrative body exercising public power behavior caused the loss of the right of private citizens to reply and fill, and thus can be seen as a legal obligation of the modern state. From the legislative practice, many foreign countries have established a relatively mature, administrative compensation system, and gradually formed a set of complete theoretical system and the legal system, compared with the above-mentioned countries, our country, not only in the theoretical system is lagging behind in legal system, especially on the constitutional level, there is a wide gap. March 14, 2004 the National People's Congress constitutional amendment passed by the 10th the Second Session of change the executive compensation provisions, but China comes to executive compensation provisions of the relevant laws and very non-uniform. Today more and more attention to the situation of the rights of citizens, we need to further improve the administrative compensation system. How executive compensation legislation, in what form the legislation must be comprehensive consideration of its theoretical basis, the cost of legislation, the social effect of the constraints of power, and the degree of protection of the rights of people of a variety of factors, and combined with the actual situation of our country should fully . In this article, the author first explains the theory of executive compensation, summarized a variety of theories and perspectives of academia in the theoretical aspects of executive compensation. Then, I compare foreign administrative compensation system based on highlights administrative compensation system should be content, and administrative compensation system development, further aware of the deficiencies and weaknesses of the legal system of China's administrative compensation that without a unified administrative compensation laws, executive compensation provisions scattered in various legal norms, respectively, to solve the problems within their own field, resulting in a form of the law is fragmented, not unified in principle, the terminology is not standardized, the content is not specific operability is not strong situation, which also makes the arbitrariness of administrative compensation specific compensation was unfair. Through the above analysis, the author puts forward ideas to improve the executive compensation legal system in the real case: (1) improve the
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