Study Of Administrative Compensation System In China

Administrative compensation system refers to the State in the exercise of public interest mandate of the administrative process, because the legal acts of the executive body to other organizations, legal or legitimate rights and interests of citizens brought losses make up the national legal systems by the loss side economic interests. Under the background of modern state of law, administrative compensation system, whether the legal system of protection of civil rights, or the power of the government regulation is a very important. In recent years, under the rule of law policy guidance, and gradually establish a set of effective administrative compensation system, but with the increasing development of legal construction process, this more extensive legal system also began revealed some shortcomings and deficiencies. The role of China’s existing laws and regulations in protecting the legitimate rights and interests of citizens have been getting lower and lower, and therefore, in the face of the current social situation, how to further improve our administrative compensation system, we have before us has become an important topic. The author of the study from the five aspects of administrative compensation system:The first part is the introduction of this paper, a brief summary of the research background, research status, purpose, significance, content and methods, focusing on domestic and foreign research literature reviewed Administrative Compensation.The second part of the executive compensation system overview. On the basis of defining the concept of administrative compensation, compensation for administrative nature and characteristics of each analysis; and further describes the scope and standard of executive compensation system; focuses on the importance of administrative compensation system was established, namely the need to protect the property rights of citizens, the need to maintain the credibility of the government, public interest requires coordination with the private interest of the relationship.The third section focuses on the executive compensation system of the existing legal provisions and problems. Existing legal provisions based on property ownership, property rights, life and health, trust benefit four aspects are classified:Problems of legislative and executive compensation system, the drawbacks of our executive compensation system, compensation for administrative relief system is imperfect, administrative compensation power lack of effective supervision and process aspects of the problems raised.The fourth part by the extraterritorial aspects of the national administrative compensation system experiences, compared with the relevant provisions of our executive compensation system, summed able to learn from our place. As for the basic principles of the Constitution make provisions for administrative compensation, compensation administration confirmed computing standards, improve the administrative compensation relief program, complete administrative compensation recovery systems and so on. In sum, Germany, Japan, France, the administrative compensation system has many advanced management experience is worth our reference, according to China’s national conditions it is imperative to propose a solution.The fifth part is the focus of the whole paper. On the basis of administrative compensation system on the existing problems, respectively, from the development of relevant laws, the implementation of the standard specification, relief channels to broaden and improve the supervision system put forward several angles improve our administrative compensation system response.