Study On Executive Compensation Program Of Cross-strait

The tenth meeting of the eleven NPC held on april 26 of 2010 republic the state compensation law of the People's of china national, which have modified and improved procedures of compensation for the illegal administrative action. The new law cancelled confirmation procedures for illegal administrative action, added administrative procedures for registration and administrative procedures for the "consultation". The intensivity administrative authority and the uniqueness of administrative infringement action had underline the importance to improve the existing laws, there are not completely match between procedures of compensation for the illegal administrative action and the characteristics of the actual compensation case in some degree, improve the compensation procedure supporting the democracy rights of the people. The procedures of compensation for the illegal administrative action of Taiwan have been used for many years and accumulated a lot of practical experiences, that very perfectly in some systems which can be learned by Chinese law. The procedures of compensation for the illegal administrative action include three main parts, that is administration proceedings for the first, administration reparations proceedings, recourse procedures. The "consultation program" and "recourse procedures" of Taiwan have completely legal system and practical experience. Oppositely, Chinese law at an elementary stage, should learn these advantaged rules. Administration reparations proceedings is a special case, based on its particularity to study which kind of form should be taken. By studying and improving make a useful explore to our administrative procedures for compensation.This article is divided into six sections. The first part of the article summarize existing circumstances of the executive compensation program of cross-strait, now rare scholars in the mainland and Taiwan have systematically studied on both sides administrative compensation program; the second part deals with the legal meaning of executive compensation programs, executive compensation program is a designation of civil law system process, administrative compensation program is the exercise of administrative powers to resolve disputes arising out of the way of tort and, administrative compensation program is the law of administrative supervision and control; the third part and the fourth part, respectively, introduce the history and development of cross-strait administrative compensation program, analyze the system of compensation procedure composition of the both, so that both sides of the executive compensation program clearly presented; the fifth part presents some problems of the executive compensation program of cross-strait arising in the process of applying to study.and put forward personal views; the sixth part is on the basis of before, look at executive compensation program mainland trends. Throughout the text, focusing on the status and development of executive compensation process, find optimal path procedures for executive compensation.