Litigation System Of Administrative Rewards Study

Since the 20th century, with development of the world's economic, the change of government's function, the implementation of democracy and the modern concept of "limited government" and "government service" ,the way in which government manage the state and social affairs has a relatively large evolution, they reduced the use of mandatory administrative actions and have putted the emphasis on the non-mandatory administrative behavior practice. More and more non-mandatory administrative acts which are gentle and with guidance, consultation, encouragment are used to manage social and service the administrative relative. Administrative award is one of the important means ,it has been widely used in various fields of modern society, and has played a decisive role in the practice of administration.Administrative award and the proceedings of administrative award are the substantive and procedural law, with the in-depth development of theoretical study on the administrative award, the objective reality requires litigation system associated with it. But until now, in the circumstances of the increasing study depth of the administrative incentives , administrative law scholars have not devoted careful combing to administrative award proceedings, and have not given systematic study to it. The pale of theory lagged behind and the vigorous development of the practice proceedings is a major regret of administrative law. The existence of this issue makes an obstacle to people for comprehensively and correctly understanding the administrative incentives, and can not help bring administrative incentives into full play in the governance management,also can not help constraint administrative incentives power in a scientific and effective standardization way from the perspective of the rule of law. So,the auther realizes that the necessity and importance of the administrative award proceedings, and choose it as the dissertation topics.This paper uses empirical analysis and document retrieval methods to analyse and elaborate the important theoretical and practical issues on administrative award litigation, and try to obtain the correct understanding --how to effectively implement the dministrative award litigation, and accordingly, propose a number of recommendations that how to construct administrative incentives proceedings.This paper is composed of three parts: introduction, body and conclusion.The first part is introduction where introduce the background of administrative award litigation, the significance and the literature review. Going through the abroad literature about administrative law we can find that the foreign proceedings of the award were slightly inadequate and the reference materials to be used are very limited. And the domestic Theory sector has the tradition which weight the entities but light the procedure, the theoretical research of administrative award are in full swing, but the procedural law is so weak. Even if a small number of papers and books related to the proceedings of administrative award, but they almost focused on the conception and comparison of the administrative awards ,and are lack of systematic construction, merely remain on the surface which whether it can be proceeded .So the author choose it as the focus of this paper.The second part is the body, and the body is divided into four parts:The first part is the concept of the administrative award. The author have reviewed and reflected the existing concept and problems of administrative award, and then re-define it so that the concept of the administrative award can be more relevant to social life and help to further analysis and study the theory of administrative award proceedings. The administrative reward is a kind of administrative action that the executive authorities and the organizations laws and regulations authorized promote the administrative relative to implement certain actions which are lined with the government's policy intentions , and then give the administrative relative some physical, mental or other interests awards in accordance with statutory requirements and procedures. At the same time, the author make a comparison between administrative reward and social reward, administrative help, the administrative contraction which can help further dissect the content and features of the administrative award.The second sector is the need and actionable analysis for administrative awards litigation. There is a profound need for study: it will prevent the award power abusing, protect the administrative relative's legitimate rights and interests, and also promote the incentives function in an effective way. Whether the administrative awards can be put into the proceeding procedure? The answer is yes, and the basis of the appeal is that: The administrative awards are consistent with the standards of litigation, it has not been excluded from the existing "administrative procedural law", the scope of the case of administrative proceedings expands gradually, at the same time, and China has the practice of administrative awards litigation in the real life.Again, is the type of administrative awards disputes. The administrative awards dispute are the result of the dispute of administrative law the rights and obligations. To study the types of incentives disputes will help us correctly understand the nature of the dispute award, and appropriately apply the types of administrative proceedings. According to the theory, practice, and the state whether the administrative body have granted the awards or not, the award disputes can be classified as "non-executive incentives" disputes and "granted the award"—two types. The dispute of "Non-executive incentives" includes the disputes of main omission of the administrative and the disputes of denying the administrative relative's application. The disputes resulting from "Granting award" includes disputes arising from improper award , abusing administrative power, breach of the procedure law and going beyond the terms of power.Finally, is the idea of litigation system. The author believe that the existing withdrawal appeal, confirmation appeal, applicable appeal can be used for administrative awards, in addition,as to the improper exercise of the award power to the injustice degree, the court should change it.Second, the author propose the public interest litigation system to conduct more effective supervision and protect the public interest more comprehensively. I think we can learn from foreign public interest litigation and define the China's Public Interest Litigation as three categories: people complaint, the victim complaint and authority complaint. Finally, the author proposes the application of the compensation system. The third part is conclusion. Because of the limited information available, the author face many difficult issues in the course of the study, such as how to define the administrative awards, as well as how to construct suitable public interest litigation for China's administrative system of incentives and how to improve the compensation system specificly and so on. The author will pay efforts to these issues for in-depth academic study in the future.