A Study On The Procedure Of Administrative Reward

To rule by law has become an important part of the administrative procedure in the process of modern administrative democracy. The establishment of administrative procedure law, which has the hearing as its core, has been the global trend nowadays. In our country, procedure of administrative reward is regarded as the indispensable element of administrative procedure. Though we have gained great progress in the development of legalization, there still exist lots of problems remaining to be solved. One of them, in general, is that the uniform law system of administrative reward has not been established yet. Because of our neglect of the research on the administrative reward and its procedure, the theory has been developed with slow pace. While for the unprecedented changes taking place in the modern society, more and more controversial issues concerning the administrative reward has been brought forward, which objectively challenges the so-called absence of law. It calls for our further study of the notion, theory and system of the administrative reward. Advancement of the study of administrative reward system not only brings the grand theoretic value but also the practical significance.The dissertation mainly focuses on the theoretic discussion of administrative reward with the methods of analytical study and comparative study. Moreover it reviews the value and functions of the procedure of administrative reward in itself and discusses certain important theoretic problems thereof. Besides that, the dissertation researches into the current situations of legislation of local administrative reward in some parts of China, and then puts forward the countermeasures and proposals to solve the problems.The dissertation is made up of five chapters. The first chapter makes a research on the theories of the administrative procedure and the law of the administrative procedure. And the establishment of uniform code on administrative procedure is the inevitable tendency on the way towards the legislation of the administrative procedure in our country. The second chapter deals with the elementary principles conformed by procedure of administrative reward. What's more, it disserts the elementary systems of procedure of administrative reward. The third chapter mainly discusses the implementation procedure, hearing procedure and internal administrative reward procedure. The forth chapter discourses on the relief procedure of administrative reward. The last chapter sets forth the design of a uniform procedure of administrative reward. The author deems that in view of the present background of the law system in our society, it is suitable to establish nationwide legal norms of administrative reward.