The Defects Of Our Executive Compensation System And Perfect

On January 1, 1995 executed "National Compensation Law" basically has established our country's national compensation system, it was the democratic government by law construction important achievement, also was the symbol which the rights of citizens system consummated day by day. This legal appearing has the milestone without doubt in our country's democratic government by law practice the significance. But because legislates time the detachment condition restriction, as a result of historical and the reality many kinds of factors influence, "National Compensation Law" still was imperfect, its function has not been able fully to display. This article attempts to base on our country reality, the administrative compensation system flaw and faces the difficult position in view of the national compensation system through profits from other country administration compensation system the beneficial achievement, makes a preliminary exploration to our country administration compensation system development and the consummation.This article is divided into four parts:The first part analyzed our country administration compensation system to turn over to the responsibility principle - illegal responsibility principle the limitation, the model overseas legislation, suggested took the auxiliary principle by the result responsibility principle.The second part of suggestion expands our country existing administration compensation scope. Administrative compensation scope including three aspects contents: One, creates the abuse of authority the main body scope, namely the country the harm which main bodies behavior does create to undertakes the compensation responsibility;Two, creates the harm the abuse of authority scope, namely the country the harm which behaviors does create to undertakes the compensation responsibility;Three, the right infringement harm compensation standard, which kind of harm namely does the country compensate to.1st, the suggestion brings into line with the notarization institution and its staff and villager committee the abuse of authority the main body scope;2nd, the suggestion brings into line with the following behavior the abuse of authority the scope: (1) below the rules and regulations has the universal binding force the illegal decision, the order;(2) the public facility sends the evil;(3) the administration di not ake (and to administration as compensation responsibility did not recognize has carried on discussion);(4) the obviousimproper freedom decides after deliberation the behavior;(5) illegal administrative permission behavior;3rd, has analyzed our country present compensation standard scope present situation and the flaw, suggested expands the administrative compensation standard from following several aspects the scope: (1) increase the scope of rights suffers injury in the personal rights besides the freedom rights and the rights to life and health;(2) not only compensates loses directly, but also should have the limit compensation indirect loss;(3) sets up the spirit damage compensate system, at the same time pays attention to the reasonable determination spirit harm the compensation standard and the spirit damage compensate in nature non- domination.The third part analyzed the administrative compensation procedure flaw, suggested performs from following several aspects to the administrative compensation procedure to consummate: 1st, to "National Compensation Law" 9th correct understanding;2nd, the standard compensation duty institution accepts the compensation application the procedure;3rd, about to compensates the voluntary institution the compensation decision to refuse to accept, whether or not mentions the administration to reconsider as well as to reconsiders the decision to refuse to accept to file the administrative proceedings the suitable standard defendant question;4th, consummation additional compensation power exercising;5th, improvement compensation request power negative prescription;6th, consummation administration compensation execution.The fourth part analyzed the administrative compensation expense to arrange in order and the payment way existence question, suggested performed from following several aspects to consummate: 1st, change all levels of governments arrange in order the compensation budget, respective payment compensation expense way separately, unifies the payment by the country finance department;2nd, change existing compensation expense payment way;3rd, the surveillance intermediary organization, the realization administration compensation information is public.