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The Reacher Of Administrative Compensation Hearing System

Posted on:2013-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2256330401462972Subject:Constitution and Administrative Law
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The expansion of executive powers to make procedural justice more and more the concern of the legislature, the executive and the general public, the implementation of the administrative powers stressed that the administration according to law, administrative procedures, the legal system is to promote the administration according to law and an important guarantee for the rule of law objectives, including hearing legalization of institutionalization is more fully demonstrated the determination and confidence of the administration according to law in China. Administrative organ under compensatory obligations, the hearing system to the administrative authority to resolve administrative disputes, not only beneficial to procedural fairness, transparency, and enhance the credibility of the executive, and healthy communication between the executive and administrative relatively free save litigation costs in administrative proceedings; in terms of the person making the request for executive compensation, the hearing system will compensate the program be placed under the eyes of the public, public participation and right to information, strengthen public supervision of the administrative act, and enhance sense of responsibility of state organs and their staff, to promote its prudent exercise to ensure the legality of the actions, so as to maintain the legitimate rights and interests of the person making the request.In this paper, the use of comparative analysis, by discussed the ge neral concept of the hearing, combing the hearing procedures in the variou s laws and regulations, foreign hearing ideas and hearing procedures, th e comparative analysis help to build China’s national conditions executiv e compensation hearing system, and the theoretical basis and necessity of the establishment of administrative compensation hearing system. The use of empirical analysis, content design for the development of executive compensation hearing system.This thesis is divided into four parts, the first part to have a systems understanding of the basic theory of hearing, and to understand the concept of executive compensation characteristics, concluded that the concept of executive compensation hearings, and administrative compensation system of public hearings to establish the theoretical basis and functional significance are discussed; second part focuses on executive compensation program is an important program-executive compensation handler first, learn from the U.S. executive compensation for pre-processing procedures, a complete set of Permit compensation in advance to deal with opinions and suggestions of the program. The third part of the build of the necessity and feasibility of the hearing system of executive compensation are discussed and affirmed the important role played by the hearing system in the administrative areas in China, and interviews from the reality of executive compensation hearing in accordance with the theoretical foundation and public awareness of the tripartite Construction of the feasibility of the system of executive compensation hearing. Part IV building the system of executive compensation hearing some comments and suggestions, first determine the principle of executive compensation hearing system itself should be followed, followed the requirements of the proper parties, as well as the concept of executive compensation hearing process, and finally each procedures essential part of the relief. Through this four-part study, we should pay attention to the construction of the hearing system of executive compensation, and improve the legal system of China’s administrative procedures to achieve administration according to law.
Keywords/Search Tags:Hearing, Administrative Compensation, Administrative Compensation Hearing, system build
PDF Full Text Request
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