A Legal Study On The Administrative Award System In China

In contemporary law-governed society,administrative award system,an effective means of management,is playing an increasingly important role.As the literacy rate of the general population rises,so do the public awareness of civil rights and the need to safeguard their legal rights.Unlike the past when governmental administrations exercise their authority with domineering force and power,current governmental agencies are shifting their focus onto serving the interests of the public and encouraging the governed to take the desired actions to boost administrative efficiency.That China’s administrative award system shows laws are based on people will not only help achieve the goals,but also elevate the status and respect of citizens.Even though administrative award is included in national laws and regulations and has been subject to scholarly discussion,it is believed that any research without reference to actual case studies will only remain on paper and has little practical applications.Theories arise from actual problem-solving,an idea that was echoed by an early researchers.Based on empirical data,legislative process is often preceded by judicial process,a conclusion that does have an element of truth and rational logic.Legislators could not possibly predict the problems encountered in law enforcement;rather,legislation is a reaction to problem occurring in law enforcement.Besides,only by exploring the underlying meaning of laws under extreme circumstances can legislation make sense.Unfortunately,such mismatch has posed a grave hurdle to judicial processes and judgment.Without legislation of administrative award system,the justification behind court verdicts sometimes appears rather untenable.In recent cases,the lack of "Law of Administrative Award" has made it all the more challenging in its implementation,giving rise to problems such as lack of adequate discretion,blurring of line of responsibilities between different administrations,shrugging off responsibilities,lack of clarity in compensation standard,among other problems.These challenges bog down implementation of administrative award system,run contrary to the spirit and affect efficiency of administrative award.In light of problems above,this paper will draw on foreign methods,proposes a series of advice,and calls for faster legislation of administrative award.This paper consists of four chapters.Chapter 1 provides a theoretical overview,positioning and summarizing administrative award system as well as reviewing the legal basis and nature of administrative award by drawing on the scholarly research into administrative award system.Chapter 2 analyzes administrative award system in China’s different historical stages,proposes the problems and analyze their causes by analyzing the status quo of administrative award system with actual case studies.Chapter 3 provides some useful advice for the legislation of China’s administrative system by drawing on the experience of foreign counterparts.Chapter 4 contemplates and raises personal ideas on how to improve and perfect legislation of administrative award system.