On The Improvement Of Administrative Compensation System

January 1, 1995 implementation of the "State Compensation Law," China has established a national compensation system It is a major achievement of democracy and the rule of law, but also a symbol of civil rights has improved steadily. However, due to historical and practical impact of a variety of factors, "State Compensation Law" is not yet perfect, and its role into full play. In this paper, based on the reality of our country, the country's shortcomings and the difficulties facing the compensation system, compensation system by drawing on the useful achievements of other countries, trying to develop and improve China's State Compensation Law for a preliminary exploration.Discussion of the following major issues. First, the principle of executive compensation liability. According to the second article of the Law on State Compensation, our executive compensation is the "principle of law attribution." In other words, here is an objective standard of the law, not the perpetrator subjective faulty but with the laws and regulations as a yardstick to judge. According to article 54 of the "Administrative Procedural Law," to interpret and apply the law. The law should have greatly reduced the meaning of the rich, this should be a sense of the form and substance of various illegal, As practice hard and operating under the general provisions of section 54 of the "Administrative Procedural Law," in the form of standards to operate. The practice of "illegal attribution narrow" understanding, which has led to a lot of "fault. but no such law, " the situation is not state compensation. The work of state organs and their staff in the exercise of their functions is at fault, However, a clear violation of the law and not even legitimate, But this objectively, but the damage caused by the legal rights and interests of clients. Second, the issue of executive compensation. Some of the existing State Compensation Law narrow the scope of compensation, and social development, the process of building democracy and the legal system are incompatible. Third, the issue of executive compensation standards. State Compensation standard set 11 years ago, have been incompatible with the actual situation. Is the current principle of statutory compensation for damages, compensation is soothing, compensation for direct losses only, They are bound to damage the interests of some interest or no compensation, the victim's actual damages are not enough to heal. great discontent; No damages the spirit of the State Compensation Law, practice some acts of the executive authorities caused severe damage to the civic spirit. As State Compensation Law is no corresponding provision denied compensation for the victims is concerned is unjust. Fourth, on the issue of executive compensation procedures. Executive compensation is handled by the executive authorities first practice in most countries the main purpose of reducing by v. sources, streamline relief, security rights. But since the implementation of the State Compensation Law, this is not fully reflected, often delay compensation for the victims, sometimes even affect the realization of the right to appeal the victim. Five of the state compensation for the payment mode. Under the existing State Compensation Law and the relevant provisions of the compensation payment. China's national compensation from the obligation of paying for organs, and then to apply the same financial allocation. Viewing from the current situation, basically, "the staff compensations" Most of the obligation to compensate financial institutions did not apply the same level appropriated to the State Compensation costs many of them through their "money" or other means to resolve is likely to breed corruption. Have some obligation to compensate the principal refused to compensate the delay or increase the actual compensation for the victims difficult. Sixth, the law on administrative compensation system concepts. Although China's feudal society has vanished, but the remnants, but we have a long time to come. Chief executive and the civil service as a state power undertaker, official position has always existed. This official position equivalent to a civil service officials put in the process of the exercise of official power, less supervision and restraint, even on the executive authorities, as is the supervision and restriction on the number of civil servants, the normal administration administrative acts in the future. As a special administrative unit is the individual citizens relative to the unlawful administrative acts often take an ax compromising attitude. These directly impact on the awareness of the smooth implementation of the executive compensation system that needs to be serious attention.