Research On The Procedural Regulation Of Administrative Reward

Administrative reward as a way of flexible management society is widely used by administrative subject. Administrative reward is different from the traditional administrative behavior control, its sublicense whether incentives to attract, through guidance administrative relative people or not for a certain behavior so as to achieve the aim of management. But the reward is in the process of practical operation of society there are many problems, mainly manifested in the lack of procedural rules. And the empirical analysis can be found through legislation, relevant administrative reward specification is much, but on the other hand, the administrative reward lack of unified standard, so the administrative reward regulations in practice shows a rough development momentum. In judicial practice, administrative reward cases are few, the public does not seem to tend to choose the judicial relief way to safeguard the rights and interests of themselves in terms of administrative reward by the loss. In addition, the judicial relief way in the relief of the administrative reward’s role is very limited. Regulation of any administrative reward paths exist some shortcomings, but in comparison, the administrative procedure should be the best path to regulate administrative reward the problem. Properties and the value of the administrative reward is the precondition of regulating administrative reward issues. As the key part of executive incentive regulation, administrative procedures can help the administrative reward to realize administration according to law. In addition, the administrative procedure of some specific function administrative reward can also help solve the problem. Choose what kind of administrative procedure legislation pattern to regulating the administrative reward is an open question. From the perspective of an ideal should choose administrative reward method, from the perspective of reality, should choose a unified administrative procedural law. Administrative reward need program regulation in order to break the current predicament, but the program should be to build a core idea. In today’s society under the background of the rule of law consciousness gradually strengthened, administrative reward randomly awarded is easy to attract the public’s strong concern, and a series of relevant administrative reward social hot issues and confirm it. In view of ordinary people eager to participate in the administrative reward strong demand and the lack of public participation in administrative reward channels form a strong contrast, build a set of allowed the public to participate in the administrative reward in the process of administrative reward program is very necessary. And improve public participation should be carry out administrative openness principle, the premise of no administrative public support, the principle of public participation was impossible. Provisions in the general procedures, the administrative rewards program should absorb such as hearing system, objection handling system allows to express his opinion in the process of public participation in administrative system, the system of hearing system should be the most important. Hearing system also has limitation, and its applicable objects is limited to major administrative reward, for the rest of the reward should be through the matching of the other system to regulate, and the system construction should be in order to practice administrative reward based on the problems.