On The Public Emergency In China To Perfect The System Of Administrative Compensation

In recent years, due to the acceleration of the process of social transformation in China has entered a period of high public emergencies. The occurrence of public emergencies, a serious threat to the basic framework of values and code of conduct of the entire social system, in the case of very low pressure of time and predictability, how to deal with the crisis at the same time minimize the loss, to reduce the damage, to make up for the consideration government emergency management had to face a complex problem. However, the legal system of our administrative compensation within the field of public emergencies almost blank, in the field of executive compensation is a very obvious tendency to rely on policy adjustments, arbitrariness and injustice of a more serious problem. Can imagine, unreasonable, unscientific and even beyond the terms of reference of the blank and the absence of emergency administrative compensation is bound to contribute to the occurrence of abuse of power and illegal administrative acts. In view of this, according to the basic principles of administrative law, combined with our sudden public practice administrative compensation practice and the problems to learn from foreign advanced experience in public emergencies administrative compensation based on perfect our public emergencies administrative compensation Specific recommendations.The first part is a public emergencies Executive Compensation Overview. First, through the analysis of the concept of executive compensation and define the concept of public emergencies, the concept of of public emergencies administrative compensation. Public emergencies administrative compensation is the state administrative organs in order to effectively respond to public emergencies, damage to the legitimate rights and interests of the administrative relative person in the legitimate exercise of public power by the executive authorities of the administrative counterpart reasonable compensation. Second, the definition of the nature of the executive compensation of public emergencies, more inclined to executive compensation be seen as the responsibility of the executive authorities, that is the the public emergencies administrative compensation is the executive authorities should bear the responsibility. In addition, elaborate the public emergencies administrative compensation feature. The main features include:executive compensation of public emergencies clear the main body; specific cause of executive compensation; various administrative compensation; effectiveness of administrative compensation mandatory four characteristics. Concluded the significance of the research to public emergencies administrative compensation. The public emergencies administrative compensation can effectively protect the personal and property rights of the citizens; effectively control the abuse of the powers of the executive authorities; solve public emergencies in a timely manner;highlight the concept of the government’s economic care.The second part of our executive compensation system of public emergencies situation and existing problems. The main part of the analysis from the two parts of the legislative status and practice of the status quo of the executive compensation system of public emergencies. According to the status quo that our the public emergencies administrative compensation system exist several issues, including:the public emergencies administrative compensation lack of basic principles; the public emergencies administrative compensation range of fuzzy; of public emergencies administrative compensation standards undetermined; of public emergencies administrative compensation program confusion; the public emergencies administrative compensation relief ways lack.The third part of the foreign the public emergencies administrative compensation system Experience. States on public emergencies administrative compensation system, and at this stage of the legal system through research and analysis, we found that very few countries specific legislation on executive compensation, like the United States, the United Kingdom and so on, not specifically a law about administrative compensation However, the executive compensation in these countries can be effectively implemented, by analyzing specific operations in these countries, we can easily find these countries executive compensation is mainly carried out by two aspects. First performed through direct application of the constitutional provisions, because the Constitution provides for citizens’ private property is inviolable, countries damage the legitimate rights and interests of citizens in order to safeguard national and public interests, the state should give reasonable compensation. Second in accordance with the Constitution, the laws and regulations of the various departments for administrative compensation issues elaborated and carried out detailed provisions for executive compensation issues of land expropriation and requisition. Of public emergencies administrative compensation system in the United States, the United Kingdom, Germany, France, respectively, after analysis of the relevant legislation and practice of several countries, and provide a reference for the Improvement of public emergencies administrative compensation system.The fourth part of the perfect executive compensation system of public emergencies recommendations. Mainly from six ways to improve our the public emergencies administrative compensation system.1, established the principle of our executive compensation of public emergencies, including the establishment of the principle of the protection of human rights and to establish a fair and equitable principle of reasonable compensation.2, to establish the scope of administrative compensation of public emergencies. Range of of public emergencies administrative compensation is refers to public emergencies, the state administrative organs in order to safeguard the public interest, the exercise of lawful administrative action, cause particular damage to the legitimate rights and interests of the administrative counterpart, bear the responsibility for executive compensation in accordance with the law, also called the State of public emergencies administrative compensation liability field. Some of the major public emergencies of our executive compensation range from the the administrative compensation protection of the interests of the nature and extent of the loss angle to perfection, and in this part of the range is attributed to the executive compensation for moral damage analysis, this paper argues are increasingly concerned about the spiritual world of the people in today’s society based on the rule of law, the scope of moral damages in the administrative compensation will also become a trend.3, establish executive compensation standards of public emergencies. With the social progress, China’s comprehensive national strength has been stepped up. has given to the ability of the administrative relatively high executive compensation, and in recent years public emergencies frequent, citizens also continue to raise awareness to safeguard their own interests, so that executive compensation standards of established public emergencies should be taken "full compensation" measures. Oversight to make fair and reasonable text details for how to assess the extent of the damage caused by the administrative act in the public emergencies. Established administrative compensation of public emergencies. Some of the recommendations that China should adopt a more flexible way of executive compensation, in order to save and not across the board are a way to executive compensation. Only take reasonable executive compensation way to truly safeguard the legitimate rights and interests of the administrative counterpart at the same time, but also be able to take up of the executive compensation responsibility.5, to establish our the public emergencies administrative compensation program. This paper argues that our the public emergencies administrative compensation program administrative procedures and judicial procedures should also be divided into two parts, and both programs were described in detail.6, to establish of public emergencies executive compensation in relief ways. Through the power of the judiciary to maintain relatively legitimate rights and interests of the people of the administrative, balance their personal and administrative organs of the right relationship, as much as possible to maintain of public emergencies administrative compensation legitimacy, impartiality, legitimacy.