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Legislative Study Of The Executive Compensation Program

Posted on:2010-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q ZhangFull Text:PDF
GTID:2206360302477405Subject:Constitution and Administrative Law
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Executive compensation program is in charge of administrative authorities in that compensation should be established to compensate the amount of compensation to the final decision (or decision not to compensate) activity of a series of executive compensation to be followed in the steps, processes and methods. Integrity of science as a process of compensation mechanisms, and to protect the executive compensation in accordance with the law, reasonable and correct implementation. China's executive compensation on very early, but there is no system has been the executive compensation system, and on the provisions of the executive compensation program is lagging far behind China's executive compensation practices. It is my view of this, the executive compensation program for the study of legislation.This article is divided into four parts. The first part is the executive compensation program's basic theory. Chief executive compensation system is the main public interest based on the needs of the lawful exercise of public power, with the result that citizens, legal persons or other legitimate rights and interests of social organizations have suffered damage, and the system of compensation in accordance with the law reflects the public interest and private rights and interests of the relationship between confrontation and co-ordination . Executive compensation program is the administrative compensation system specific procedures for the implementation of norms. Generalized executive compensation program, including the basic principles of procedure, the main system, the specific content and other programming. This section is the theoretical basis for research and preparation. The second part of the executive compensation program of extra-territorial legislation so the card, compared to the civil law and common law on administrative procedures for the legislative differences in compensation. Of civil law and common law countries a number of typical analysis of the executive compensation program, we can see whether common law or civil law, in order to prevent the arbitrary powers, administrative procedures are explained in detail the provisions, procedures for executive compensation has a very important significance. Civil law and common law in the executive compensation while the contents of the procedural requirements are very different, but in the legislative model has some of the same characteristics. First of all, both in the Constitution or constitutional document, the provisions of the executive compensation process, the executive compensation program referred to the height of the Constitution. Secondly, the executive compensation program for the provision of constitutional guarantees at the same time, countries have different procedures for the executive compensation of special legislation. Finally, the collection of national legislation have property rights, expropriation compensation executive compensation program as the main part of each stage and provides relief to more detailed procedures for the effective protection of the citizens in public at all stages of collection of the legitimate rights and interests. The third part of the compensation from the land acquisition, urban house demolition compensation and resettlement compensation in three ecological areas of the executive compensation of our executive compensation review process, summed up China's legislature in the executive compensation program deficiencies. China's land acquisition procedures for the scope of the lack of public interest that the procedures; the "two notice of a registration" procedures in practice difficult to enforce because the related procedural requirements for the design of the imperfect legal system; the lack of rural land acquisition and resettlement compensation of administrative disputes relief the ways and procedures for judicial relief, and the relative lack of relief procedures and supervisory procedures unsound practice is the process of the root causes of a large number of controversial issues. China's urban housing demolition of many sources of law, but under the law places on the top more than repeat the provisions of law. At the same time, a different hierarchy of legal norms or legal norms of the same effect as between the main body of the enactment of a variety, it is inevitable there is conflict or inconsistency. Different hierarchy of legal norms provided for the demolition of different-level regulatory agencies, management agencies responsible for implementation should also be done in accordance with its corresponding level of different treatments, at this time also involved in the executive's internal oversight mechanisms. Executive compensation in the field of eco-migrants, the current Chief of the ecological compensation immigration legislation and immigration policy were not on the ecological system of the executive compensation provisions of the procedures, the eco-migrants executive compensation notice, to hear their views and reach a compensation agreement or to make compensation decisions way, steps, duration, and the provisions of the order of the problem is too simple, strong in principle, lead to in practice, eco-migrants are often the executive compensation program, or the law is no legal basis. The fourth part of our executive compensation program to build the legislation. Construction of the analysis of the executive compensation program after three ideas, I tend to develop the same "Administrative Procedure Act." In the "Administrative Procedure Act" in a separate chapter or section, the executive compensation program on the basic principles of the system to make specific provisions. At the same time, a serious development and refinement of the one-way executive compensation law, the law in the one-way on various administrative matters of compensation given to the provisions of the specific procedures. As a means of our executive compensation program to make efforts to improve legislation.
Keywords/Search Tags:Executive compensation program, Land acquisition compensation, Compensation for house demolition, Eco-executive compensation
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