| Administrative reward is not a definite legal term.In theory,there are differences on the identification of the nature of administrative reward,including "theory of administrative promise","theory of administrative reward" and "theory of administrative contract".As a special administrative contract,administrative reward is more reasonable and conducive to the protection of the rights and interests of the counterpart of administrative reward.In practice,the administrative reward system has been widely used in the field of administrative law enforcement,which has played a role in improving administrative efficiency,realizing public supervision and promoting economic development.By collecting and sorting out the existing laws,administrative regulations,departmental rules and local rules,the administrative reward is summarized into reward notice,investment promotion reward and administrative report reward.Based on the perspective of the protection of the rights and interests of the counterpart of the reward,this paper analyzes the current situation of the legislation and practice of different types of administrative reward,and finds that the protection of the rights and interests of the counterpart of the reward notice mainly has the problems of the legal norms of the protection of the whistleblower,the lack of operability of the protection method,and the narrow application scope of the anonymous reporting system.There are some problems in the protection of the rights and interests of the counterpart of the reward for investment attraction,which are caused by the blind investment attraction of the local government.The main reasons for the protection of the rights and interests of administrative whistleblowers are the insufficient protection of the rights and interests of the person and property,the vacancy of the internal whistleblower system and the difficulty in seeking administrative relief.The reason is that the administrative reward system has certain deficiencies in legislation,law enforcement and judicial levels.Therefore,in view of the dilemma of protecting the rights and interests of different types of administrative reward counterparts,the solution is proposed.The protection of the rights and interests of the informants of reward notice needs to establish a unified legal norm,set up a crime clue reporting center and improve the anonymous reporting system.On the premise of detailed policy documents and standards,administrative mediation should be introduced to resolve disputes.At the legislative level,the protection of the rights and interests of administrative whistleblowers should reflect the operability of the protection of rights and interests and fill the vacancy of the internal whistleblower system.At the law enforcement level,the protection of the rights and interests of whistleblowers should be focused on,and at the judicial level,administrative reconsideration should be adopted to resolve disputes to realize the legitimacy of the visible procedures of whistleblowers.We should promote the refinement and standardization of the qualification criteria of the complainant in administrative litigation,so that administrative litigation can become the last line of defense in resolving administrative reward disputes. |
