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Executive Compensation Attributable To The Principle Of Inquiry

Posted on:2010-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:W GuoFull Text:PDF
GTID:2206360302476834Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
May 12, 1994 promulgated January 1, 1995 the "People's Republic of China on State Compensation Law," established a national compensation system in our country, to honor the constitutional commitment to the fundamental rights of citizens that the state of civil rights increasing emphasis on protection. However, the implementation of the Act to the effect of more than ten years not very satisfactory. In particular, China's current political, economic and social development has undergone major changes, the current "state compensation law" has become the responsibility of building the rule of law and the Government's serious constraints. The reason, in addition to the national legal environment imperfect organs of the rule of law, the obligation of reparation is not high, the compensation funds were not realized, the "State Compensation Law" of its own imperfections, but also one very important reason.Executive compensation is an important part of state compensation, the principle of attribution is the core of the administrative compensation system and the foundation of legal liability for the state to provide the basis and standards for the composition of administrative liability, compensation, conditions of exemption, the burden of proof commitment and so on are of great significance. It is precisely because the principle of liability in the administrative system of the importance of compensation, as well as our need for research.The Act established the principle of executive compensation liability is recognized as the principle of liability is against the law, although it is repeated at the time the basis of weighing the pros and cons and make the better choice, also has and the "Constitution", "Administrative Reconsideration Law" phase coordination, simple and clear, feasible, that standards of objectivity, and the executive compensation differentiated advantages, but with the implementation of the State Compensation Law, the principle of the attribution of the deficiencies exposed by us should not be neglected, the principle of liability law The starting point is wrong and inconsistent with the powers of state compensation and the protection of the nature of relief, not in keeping with the status quo of China's legal system is not conducive to the protection of the legitimate rights and interests of the victim, at the same time lead to narrow the scope of the executive compensation to carry out their duties in the fact that acts of abuse discretion, public public facilities, and staff of state organs legitimate objective but the subjective act of fault causing damage to be excluded from the scope of the executive compensation. Based on these understanding, in the State Compensation Law is about to change, the author of the principle of executive compensation attributable to the reconstruction of their shallow opinions and hope for the State Compensation Law to make some contribution to the improvement.The first part of this article first introduced the principle of executive compensation in the basic theory of liability, including the principle of executive compensation in the concept of attribution, significance and impact factors. The principle of executive compensation is attributable to resolve the country why should an act of liability is of great theoretical and practical significance, it reflects the state's tort law attitude, a clear national responsibility and the legitimacy of the reasons basis; is conducive to promoting the implementation of the State Compensation Law; in favor of the executive compensation system in-depth study. Affected by the principle of executive compensation Imputation a wide range of factors, including: the nature of administrative liability, the country's public financial capacity, the protection of the rights of citizens awareness of the principles of civil law in the impact of tort liability, the political system of constraints. Only grasp the impact of factors, can be attributable to the principle of executive compensation more reasonable to improve the recommendations put forward.The second part of France, Germany, United Kingdom, the United States, Japan, developed a number of administrative liability established by the compensation principle. Executive compensation in the world of development is very uneven, the major countries of Western administrative compensation system the principle of the imputation system are also different. France is based on the principle of fault liability No-fault liability principle-based supplement, and Germany, the United States, United Kingdom, and Japan is the principle of fault liability. Developed countries for the design of the system and system of fully grasping the comb, to understand the principle of executive compensation Imputation of the development trend of the system to absorb foreign advanced and reasonable factors, combined with China's domestic situation, to adapt to the actual situation in our country. In particular, the longest history on the development of the most comprehensive executive compensation system in France for reference and absorption.Part III analyzes the current Chief of the meaning of the principle of compensation for attribution and lack of priority for the Reconstruction of the principle of executive compensation provides the basis for liability. "State agencies and state personnel law violated their duties of citizens, legal persons and other organizations damage the legitimate rights and interests of, the victim made in accordance with this law have the right to state compensation." According to the provisions of China's existing administrative compensation liability is against the law recognized the principle of attribution of the principle of the establishment of this principle for our citizens to seek administrative relief provided a means of compensation, but with the development of the times, it also gradually show their non - reasonable. Although some scholars to make up for its irrationality, it is proposed to adopt a broad interpretation of the law, but the academic level of the right not to explain, the goodwill of the scholars of the law in our countries lack the actual operation of the platform and the basis. In this case, the theory must change with the practice of self-adaptation, we need to remodeling, we apply the theory to actual needs.Finally, comparative analysis of the present three important principles of liability, liability law principles, the principle of fault liability and no-fault liability principle, and weighing the pros and cons of the actual situation of our country, boldly put forward their own legislative proposals to non-fault return responsible for the principle of attribution as the principle of executive compensation, which would maximize the protection of legitimate rights and interests of citizens, while the theoretical basis and have carried out a feasibility demonstration. And in order to ensure the integrity of the system and feasibility of the adjustment related to the matching system in order to adapt to the principle of no-fault liability, including the promotion of administrative compensation system and administrative compensation system integration, and expand the scope of executive compensation, executive compensation for the abolition of the law to confirm The pre-procedure.
Keywords/Search Tags:administrative compensation, the Liability shoulder principle, Imputation principle, the principle of no-fault, principle of fault liability
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