On Perfecting Of China’s Administrative Encouragement System

With the advance of our service-oriented government, the executive authorities moreand more use of non-mandatory administrative means to achieve the goal of theadministration. Administrative award as an encouragement, to promote the role of softadministrative means, is widely used in various aspects of social life. The administrativereward is the administrative body in order to achieve the external administrative purposes,in accordance with the statutory conditions and procedures, in accordance with statutoryrewards administrative relative person to give the material, spiritual or other rights andinterests on the reward, guide, encourage and support the administrative relative personimplement administrative subject administrative intention non-mandatory specificadministrative act. It from the external form is divided into material rewards, incentivesand rewards in accordance with the spirit of power; administrative relative person’s statusis divided into internal administrative reward and external administrative incentives;according to the scope of rewards for universal administrative incentives and competitiveadministrative incentives; according to the law is divided into statutory administrativeincentives and legal administration reward.Because our country has not been issued" administrative reward law" to regulate theadministrative reward system, resulting in the administrative reward appeared in practicethe following problem: the administrative reward is mostly based on the local legislationand administrative normative documents to stipulate, appear thereby inferior and superiorlaw conflict; awards to justice and the lack of administrative reward for follow-upsupervision and so on. The cause of these problems include both the administrative subjectin administrative incentive system of the error on understanding, also relate to the nationallegislation inadequate attention, as well as the administrative body to the taxpayer to paytaxes is not responsible for the attitude and so on. In view of the above problems, thispaper puts forward a series of specific measures of the perfection, called on countries toaccelerate the pace of the uniform legislation of administrative encouragement,substantive provisions and procedures made detailed provisions, which for theadministrative reward substantive provisions shall include the administrative reward body,authority, types and conditions; the administrative reward procedural provisions shall beclear general administrative reward boot, review to review and follow-up supervisionobjection specific process. Finally, in the administrative reward the relief measures proposed for discretionary administrative reward dispute should focus on the use ofadministrative reconsideration system to resolve disputes, namely the use ofadministrative mediation and administrative mediation system to resolve the disputes forthe administrative reward, limited administrative reward is available through theadministrative proceedings the way to resolve the dispute, at the same time, also putforward part of the administrative reward by public interest litigation view.