A Study On The Basic Theory Of Administrative Reward

The administrative reward, an important form of exerting administrative powers, is a cardinal method in the subject of administration's encouraging the positive activities of the administrative counterpart. The administrative reward, through its establishment and implementation, thus clarifying the direction of developments and showing the value preference, gives full play to the initiative of administrative counterparts and enhance their creativity. In this sense, their voluntary interaction and cooperation with the subject of administration may be achieved, which not only realizes their self interests but at the same time maximizes the public interests. This paper, defines the concept of the administrative reward, delves into its properties, functions and classifications as well as its legal relations and basic principles, on the basis of analyzing and classifying the practice of the administrative reward as well as of differentiating and classifying of the present basic theories concerning the administrative reward. In this way, the theoretic frame of a systemized administrative reward may be formed. With a view to meet the requirement of the study, this paper is divided into six chapters.Chapter one: the evolvement of the administrative reward and its current states in China. This chapter mainly focuses on sorting out the phenomenon of the administrative reward in the ancient and latter day of China and its practice in foreign countries, then summarizing the existing states of the administrative reward in China and deepening the analyses of the existing problems in its current practice.Chapter two: the definition of the concept of the administrative reward. Based on the differentiation of the current administrative concept, the chapter clarifies its elements and gives a scientific concept to this reward. Meanwhile, this chapter aims to distinguish this concept from a series of relating concepts such as the national reward, the social reward, the administrative help, the administrative guidance, the administrative contract and so on. Chapter three: the properties and functions of the administrative reward. This chapter discerns the legal properties of the administrative reward and clarifies it to the category of the administrative action, which may be obtained only when applied, with the non-mandatory, beneficial properties. And its theoretic and practical functions are analyzed based on the clarification of the properties of the administrative reward.Chapter four: the classification of the administrative reward. This chapter summarizes the current methods of classification concerning the administrative reward and put forward a new one with a view to form an overall mastery of the administrative reward.Chapter five: the legal relations of the administrative reward. This chapter mainly analyzes the construction of the administrative reward with the support of the theoretic frame of legal relations, thus clarifying its subjects and objects and reconstructing jural relations of the subjects with the both, sides involved.Chapter six: the basic principles of the administrative reward. On the basis of summarizing and differentiating the current acquisitions on the administrative reward, this chapter advances the layer variations in its basic principles and the construction of the dual layers suitable to the basic principles of the administrative law and the specific principles of the administrative reward, whose contents would be elaborated in details.