On The Scope Of Executive Compensation And Improved Defect

The scope of the executive compensation has been a controversial topic in academia for a long time. As the market economy developing and people's legal concept being strengthened, the problems existing in the state compensation law about the executive compensation, gradually become visible. The width of the executive compensation, often reflects a country democratic and legal construction process. This paper discusses from the scope of executive compensation, liability principles and the application of civil compensation and the problems that exist in applicable relationships, analyzes the fundamental factors of the impact of the scope of executive compensation points out, that the scope of our executive compensation's defect mainly lies in the limited scope especially the liability principles, through the introduction of human rights protection, harmonic social philosophy, and so on,considers the factors such as the economic base, the legal basis and then makes suggestion on establishing the principle of executive compensation liability system, expanding the scope of executive compensation, as well as civil compensation and the application of relations.In the first chapter, the issue raised. Three typical cases leads to the limitations of the scope of executive compensation and the problems existing in the liability principle, as well as the problems about administrative and executive compensation, executive and civil compensation. The second chapter is around fundamental factors, impacting the executive compensation. Firstly , on the scope of executive compensation for the history and current situation, pointing out that its development trend is gradually expanding, as far as to possibly make up for the damage of the legitimate interests. Secondly ,the system on state compensation law theoretical basis, including doctrine, summing up the basic concept of two different tendencies and the link with the principles of attribution. Then the state compensation structure, the nature of the analysis. Finally, on the principles of attribution, expounding Chinese legal provisions, the extra-territorial comparing and evaluating, the experience of various types of liability principles.The third chapter, is the introduction of the relative concept which is necessary to the scope of executive compensation expanding. Includde two factors: Firstly, philosophy, social harmony and protection of human rights; Secondly,is the reality, economic foundation and legal basis. The introduction of these considerations, is to a new awareness of the scope of the expansion of executive compensation reality and necessity.The forth chapter,is about the settlement of the problems. The first way to envisage the principle of executive compensation and to build imputation construction. Remodeling - carring forward from the concept of "equality for all public burden" doctrine, by focusing on acts of the executive authorities on the evaluation of civil compensation; The proposed reform of the system - Construction of the multi-attribution principle system. Imputation principles of the law applying to matching corresponding measures to overcome the shortcomings inherent in the principle of the law. The second way is, the idea of expanding the scope of our executive compensation ,to resolve first part of an article by the limitations of the scope of executive compensation with the shortage problem. Finally , settlement of the relationship between executive and civil compensation, especially the applicatlle relationship is also very important.