The Study On The Procedure Of Administrative Deal First In China

Since May12,1994" State Compensation Law" enacted in our country hasmade substantial progress on the build and improve the executive compensationprogram, and continues to develop perfected. This is particularly reflected revised2010State Compensation Law on executive compensation in the first part of theprocess. In this revision, the State Compensation Law was first introduced in the"consultation" process, the state allows organ liable for compensation andcompensation claimant consultations on reparation, compensation programs and theamount of compensation for the executive compensation tend to be more reasonable,fair and transparent. At the same time, we have to admit," State Compensation Law"in the legislative executive compensation program still has some defects,administrative organ liable for compensation according to law without advance theinterests of citizens, legal persons or other organizations suffer losses due toadministrative violations still do not get the compensation phenomenon abound.First process is an important part of executive compensation program, which isthe first program to go through all parts and necessary procedure. From theprogramming point of view, be used as the primary purpose of the program is to hopethat the executive authority and the obligation to compensate the victims can at thisstage to agree on compensation for the executive compensation disputes to beresolved as soon as possible. How to advance the process can serve the purpose ofreasonable compensation to resolve the dispute lies in the attitude of the executivecompensation disputes are actively assume corresponding responsibility, or negativeresponse, to evade the responsibility. Executive attitudes toward executivecompensation depends not only on its own interests, but also on the legal andinstitutional requirements for their actions, regulations and guidance. Therefore, Ibelieve we should deal with executive compensation program is designed to be playednorms to guide the executive organ for compensatory obligations lawful, reasonableand fair administrative compensation disputes and possible regulation of executivecompensation obligation of the administrative organ to evade liability act. The maindrawbacks of the existing first process is to exist as a special administrative acts ofinfringement given the identity of the executive to the administrative body rather thanthe identity of the perpetrators of violations of administrative compensation disputes, and the way to make a single decision making authority, weakening the obligationsexecutive compensation disputes in the administrative process should fulfill theappropriate program. Such a program designed to a certain extent, the executiveauthority does not attach importance to advance the process, not actively to solve thedispute, so that the meaning established by the first process can not be achieved.This paper conducted a re-positioning of executive compensation handler firstdiscussed, from the nature of the process in advance of starting the analysis, basedon the analysis of the main problems existing in the first process of legislation andpractice on the proposed new build process first, namely reciprocity, consultation,legality, as the main feature optional first handler. I believe that the first process isdesigned to take into account conflicts of interests between the executive and thevictim, and through programs designed to coordinate this contradiction, in order toavoid its purpose obstructing the laws preset. The nature of the process in advance,discusses the features, significance and advance the process of the main problemswere involved in this issue.