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Executive Compensation Program Is A Comparative Study

Posted on:2006-06-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:X LiFull Text:PDF
GTID:1116360182991415Subject:Constitutional Law Administrative Law
Abstract/Summary:PDF Full Text Request
State compensation is an important form in which that state bears legal responsibilities. Administrative compensation is an important component part of the system of state compensation.The enactment and enforcement of Law of State Compensation of People's Republic of China established the system of state compensation. China's Law of State Compensation, a combination of substantive law and procedure law, is composed of both substantive provisions and procedural rules, in which compensation procedure is an important part of the system of state compensation, and the indispensable guarantee of carrying out state compensation responsibilities.The existing research on state compensation mostly focus on substantive issues, especially the principles of determining responsibilities of state compensation and the scope of compensation. The procedure of compensation has not been fully emphasized. There is no dissertation on compensation procedure.Based on understanding the importance of legal procedure, and considering the serious lack of research on administrative compensation, the author decided to take procedure of administrative compensation as the title of her dissertation, which will be significant to the research of administrative compensation procedure. Firstly, on the perspective of legislation, relevant provisions on administrative compensation procedure in China's Law of State Compensation are too simple, vague, general and impractical. Secondly, from the enforcement of Law of State Compensation, it can be concluded that it is hard to make state compensate and the problems lies in procedure. According to judicial practice, there is no precise, scientific, complete and systematic guarantee system. There is no guarantee for right realization. The design of current compensation procedure is rather coarse, and has become the bottle-neck of carrying out the Law of State Compensation. The above mentioned reasons made the author determined to take research on administrative compensation procedure as the subject of her dissertation.Comparative research has been done on the administrative compensation procedure in China, other countries and some regions to point out the advantages and disadvantages of all kinds of modes. By taking the advance experience of other countries about the administrative compensation procedure for reference, and bring forward that China's system of administrative compensation should be further improved and the administrative compensation procedure of China shall be established. I hope the dissertation can provide some reference for further research on compensation procedure and be helpful to the development of the construction of legality.Except for the exordium, the dissertation has five chapters.In the exordium, the importance of administrative compensation procedure and the significance of the dissertation have been discussed. The exordium can be...
Keywords/Search Tags:Legal Procedure, Compensation for Administrative Tort, Compensation Procedure for Administrative Tort, Comparison, Use for Reference
PDF Full Text Request
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