Research On The Executive Compensation Standards

The administration compensates standard is the compensatory obligation organization according to the society specially legislative provision, considering the social fair justice principle,cutting quantity by law, giving the compensation of compute method and compute basis to the compensated right person. The administration compensates standard is the key to the compensatory applicant can acquire the proper compensation. Since China's current overall standardized administrative compensation system has not yet been established, there is no legal basis for a large number of the compensation, so as to resulting in the citizens, legal persons and other organizations suffered from the loss caused by public interest and were deprived of appropriate compensation, or even without any compensation. From the legislative perspective, our country has not yet formulated a unified administrative Compensation Act, the regulations relating to the compensation scattered in the Constitution, single laws and regulations, even the relevant policies. Such as "Land Management Law", "Housing Relocation Management Ordinance", "Water Act", "Flood Prevention", "Police Law", "Compensation flood detention basin use these procedures" and so on. Although these laws and regulations have stipulated specific measures for administrative compensation, but only to provide regulations such as under what circumstances should be compensated, but without clear operating procedures to show how should the compensation be implemented. Even though some laws and regulations may include comparatively comprehensive procedures for implementation, they also have differences in standards, applicable fileds, data and so on. Therefore, it is very much possible to lead to deviation of impartiality if the Constitution is lack of clear terms of compensation and compensation principles or unified standards of the scope and variety of compensation. Although the fourth amendment of our current Constitution has added in the compensation provisions of levy and requisition, but still in defect of the regulations of compensation standards. Meanwhile, the supporting systems have not been updated and revised in time, which also make the implementation of specific compensation standards far less than the losses suffered by citizens. It is inevitable that there will still be illegal cases of state organizations possessing private property, which will not be conducive to the protection of private property rights.Therefore, in my opinion, On the executive compensation issues related to standards of conduct in-depth discussions, is of great practical significance.Based on the use of law, political science, sociology and other academic knowledge, this paper begins with an analyse of the concept of executive compensation, then goes to more in-depth explanation about the basic theoretical issues of the compensation standards; by using the experience of national and regional administrative compensation standards legislation for refernce, the paper shows a re-examine course of the present status of our national administrative compensation standards. Finally, with the standpoint of revising and improving our current administrative compensation standards, I raise the problems emerged during the course of legislation and implementation of the administrative compensation standards; On China's executive compensation standards improved from both legislation and practice to be re-structure;The full text is totally divided into 5 chapters:Chapter 1 is the generalization of administration compensates standard. This c-hapter is set out from analysising the concept of administration compensate, throu-gh the comparison between research and related concept, remaked the concept of the administration compensates. In this foundation, then to explain and comment s-everal viewpoints of the theory basis, to propose the suggestion that use "speciallysacrifices the theory" as the theory basis of administration compensates in our cou-ntry.Chapter 2 is the factor that influence administration compensates standard. Thi-s chapter first unified the domestic and foreign correlations stipulation, analyzed theguiding principle that influence administration compensate standard;Next. further ex-plicited other factors that influence administration compensate standard. Chapter 3 is the computation of the administration compensates standard. This chapter mainly in the theory foundation of drawing the computation lessons from part of foreign nation, unifying the existing basis of calculation in our country and Taiwan area, then reconsider and construct the computation of the administration compensates standard.Chapter 4 is the present situation and the consummation of administration co-mpensates standard in our country. This chapter first analyzed the present situationof legislation in our country, aim at the exist question of the legislation, the author proposes we should take the principle of "proper compensation" as to guide on the lawmaking, establish the compensates standard of "equal compensation", draw up an Administration Compensation Act in proper time.Chapter 5 is the operation of administration compensates standard. In this chapter,the compensates standard of taking over the land as an example, against the phenomenon of low compensates standard in practice, the writer thinks the performance should detail the specific compensates standard, strengthen the strength of administration compensatesgradually, the different purpose of land acquisition give the different classification compensation, pay attention to the different condition give the different classification compensation, guided by the principles offair and reasonable in the meantime, establish damage assessment mechanism, innovate and develop on the basis of "value multiples law".