Administrative Payment Relief

Based on the Government to promote services and build a harmonious society in the backdrop, payments from the executive, administrative services will be the mode of payment perspective as a relief study. This paper is divided into four parts.The first part, explained the basic theory of executive pay.First of all the so-called executive pay, that is, the main security for individuals and organizations to survive and beneficial to maintain and promote national and social stability and development, in accordance with the law and relevant policies to individuals and organizations, in particular the emerging difficulties and survive compliance with the statutory guarantee for individuals and organizations to provide material and security, the environment, security, and other areas of administrative activities.Secondly, on the basis of this concept, the benefits and administrative payments, the payment of social security and the concept of the two groups were compared. That the payment is often used as an administrative concept, the pattern, and political benefits is the kind of administrative acts or activities, the legal level of specific operational. Social security concept has often represented the country through the redistribution of national income distribution and, in accordance with the law on the basic livelihood of the members of society to protect the rights and the establishment of a security system, and the benefit is more from a legal perspective, especially the Chief law perspective, it is important administrative activities of the component. Social security projects and the contents of the payments have great crossover, but not entirely the same, the payment does not include social security as an integral part of the community of private relief.Again, the payment of the characteristics described. Executive pay is the main administrative body, is the main administrative functions as the prerequisite. Granting the payment of benefits, the main benefit of the administrative functions and duties of the unity, is the main terms of reference, is the main duties and obligations. Chief executive pay is the main terms of the obligations or duties, especially in the context of administrative services, the payment is the subject of positive obligations.Then, the payment will be classified. Determine whether the object in accordance with the qualifications, the payment can be divided into non-specific and specific benefit payments; be paid by the beneficiaries at the same time it has its own money obligation perspective, the benefit is paid into paid and unpaid payments; accordance with the payment, the payment can be divided into supply of payment, security and the financing of the payment of benefits; by the administrative body for active duty, the pay and benefits divided into as a benefit.Finally, the payment of a perfect sense of relief that improve the payment relief is the realization of social justice in an important way, the Government is building the intrinsic demand is to build a harmonious society will inevitably demand is the direct embodiment of the spirit of humanitarianism.The second part, the presentation and discussion of the benefits of overseas experience. From this part, discussion of the judiciary and judicial relief from the relief of two aspects.Judicial relief, were mentioned to the United Kingdom, the United States representative of the common law model, and Japan, France, Germany, as the representative of civil law model. Relief law adopted in the United Kingdom, the traditional methods of mixing private relief methods and pure relief law, a typical payment for the relief on the way include an injunction, an injunction, declaration orders, and damages such as and the United States with the Constitution as the basis, by the Court for a judicial review. Japan is the main judicial relief confirmation proceedings, France is the withdrawal of litigation, and litigation Germany is paid.Extra-judicial relief, referred to the controversy in the United Kingdom in the payment of referee system, the United States social security payments for awards process, as well as the plight of Japanese intelligence handling system.The third part of our administrative relief payments in question. Primarily is against administrative reconsideration or litigation main stricter eligibility, administrative proceedings by the relatively narrow scope of administrative reconsideration and administrative proceedings and not fully supporting the issue.Partâ…£is to improve and perfect China's administrative payment relief some ideas. First of all, that can expand the scope of the administrative proceedings, should not only target the specific administrative acts, other public services means if a violation of the civil rights of its administrative litigation should also be adjusted. Second, we must improve the system of payments proceedings. Property other than the benefit payment types, as well as quasi-administrative actions, the fact manifested in the form of the payment of benefits into the scope of the proceedings, together constitute the complete payment litigation. Again, advocates the establishment of public interest litigation system. The plaintiff does not eligible to stakeholders of artificial constraints, the plaintiff should be public interest litigation, including private citizens, public interest groups and the relevant state organs (such as the People's Procuratorates).In addition, we should improve the payment of compensation and compensation system, according to the "right, we need relief; damage, there should be compensation" principle, the relative should be paid by the executive has not suffered the loss of pay, the state should be compensated. Finally, we must improve our country's petition system, in order to better supervise the main discharge its obligations.