Study Of Our Executive Compensation Program

State compensation is the product of the development of modern democracy legal system and it plays gigantic pushing role to the progress of democracy. And it is a important sign of civilized nations. Government agencies'infringement of violates the social justice and fairness in itself. Legal compensation for the infringed persons not only recovers the individual rights of citizens, but also corrects the social justice and fairness. The existence and measurement of national compensation system is the symbol of national and local civilization degree. The compensation range and standard in national compensation system are different in different countries, but they have the same trend. National compensation range becomes wider, and the standard becomes higher.As a socialist country under the people's democratic dictatorship, democracy is a definite requirement. China passed the state compensation law in 1994, and it remains an important milestone for the process of democratic legal system as well as provides crucial legal supports in protecting citizenship. So it means the construction of state compensation system. The law uses the advanced system of other countries at that time for reference, and combines substantive law with procedural law organically. administrative compensation procedure, as an important part in the state compensation law, is indispensable.But under the influence of our traditional legal thinking, which is attention to substantive law instead of procedural law, for very long time the legislators did not attach importance to the justice of procedure. Whether the state compensation law can be effective in guarantee human rights, it is far from enough only relying on substantive law, yet procedural justice is the key point in protecting entity rights'fulfillment. Based on understanding the importance of legal procedure, and considering the serious lack of research on administrative compensation, the author decided to take procedure of administrative compensation as the title of her dissertation, which will besignificant to the research of administrative compensation procedure. Firstly, on the perspective of legislation, relevant provisions on administrative compensation procedure in China's Law of State Compensation are too simple, vague, general and impractical. Secondly, from the enforcement of Law of State Compensation, it can be concluded that it is hard to make state compensate and the problems lies in procedure. According to judicial practice, there is no precise, scientific, complete and systematic guarantee system. There is no guarantee for right realization. The design of current compensation procedure is rather coarse, and has become the bottle-neck of carrying out the Law of State Compensation. The above mentioned reasons made the author determined to take research on administrative compensation procedure as the subject of her dissertation.The thesis expounds the concepts and types of administrative compensation procedure in our country, lists existing problems from the angle of the society's reality. Besides based on the comparison of compensation procedure systems of other developed countries and regions, this paper tries to estimate the gain and loss of the draft of the state compensation law and submit detailed opinions on the amendment and consummation of Chinese administrative compensation procedure.