Reconciliation In The Administrative Compensation

The Chief pointed to the victim compensation settlement was filed before the administrativecompensation proceedings, to the organ for compensatory obligations and resolution of disputes to resolve the request for administrative compensation, compensation obligations of authorities and the victims of the way through consultations and dialogues, mutual concessions, the settlement of administrative compensation disputes. Executive compensation settlement procedures under the guidance of legal principles and rules of a litigation dispute resolution approach, the program breaks the current "decision style" executive compensation program in the organ liable for compensation control of the situation the right to speak for compensation decisions, the victim's attitude to the main appear in the reconciliation process, the dispute through dialogue and consultation for both sides "win-win" result. Executive compensation settlement as a consensual resolution of disputes, coordination between the Government and people of the new mechanism should be incorporated into the reform of administrative compensation system and administrative law will attach importance to the level of innovation.This article attempts to executive compensation in the field of reconciliation in the legislative, theoretical and practical aspects of a comprehensive three-comb to the problems found, and thus attempt to build a reconciliation of the general principles of executive compensation and institutional framework. Including its four parts, the first case leads to the problem by that state compensation in reality victims of idle and need to be resolved paradox of legal requests widespread phenomenon, the second part is on the relevant laws and regulations, theoretical writings and judicial practice order to clarify the field of executive compensation settlement in the fuzzy requirements from which executive compensation reveals the reconciliation of the inconsistencies, the third part of the inquiry to avoid the law in real life, and the deconstruction of reconciliation in disguise of "compounding" the existing analysis, Part IV seeks to achieve from the "compounding" to reconciliation, transition, and the provisions of the existing law on the reconciliation process under the initial construction. Revised in 2010, "State Compensation Law," has been in negotiations to achieve a breakthrough on the issue of reconciliation, its Article 13 provides that: "compensation obligations shall from the date of receipt of the application within two months whether to make compensation decisions. compensation for organ liable for compensation decisions, should fully listen to the views of the claimant and with the claimant to reimbursement, compensation programs and the amount of compensation in accordance with the provisions of Chapter IV of this Law to consult. "It should be noted, the first 37: "The claimant judgments by force, the reconsideration decision, the compensation decision or mediation, shall apply to the obligation to pay compensation for damages." One can not apply by virtue of the compensation agreement to pay compensation to the content, so adding "consultation" is used, it is nota "Consultative" dispute settlement procedures "and therefore, reconciliation, compensation for the problems in the administration has not been fully resolved, to be further improved.