Administrative Compensation Dispute Litigation Relief

Administrative compensation system is state administration in order to achievesocial welfare, resulting in a relatively non-statutory obligations legitimate rights andinterests of the administration of unfair prejudice when given a specific counterpart tobe filled system. China has long focused on the executive compensation does not causethe administration to compensate the legal system is imperfect, lack of administrativecompensation relief system which is particularly serious."Executive CompensationAct" did not dispute the executive compensation included in the scope ofadministrative proceedings by the case, so that the executive compensationcontroversy lack of relief on the way to litigation, administrative counterpartadministrative compensation disputes between the executive and the courts should notresort to litigation review and referees this is not conducive to the protection of humansettlement and the relative interests of the executive compensation disputes. Chinashould learn from the practice of administrative law advanced countries, buildingLawsuit of administrative compensation disputes, giving the executive compensationcontroversy legally actionable, put it into the scope of administrative litigation, whichis conducive to maximize the protection of administration the legitimate interests of thecontract, reflecting the spirit of the Constitution to protect the property of citizens.This paper is divided into five parts, the first part of the study analyzes thecontroversial nature of the Executive Compensation and content, from the nature of theexecutive compensation disputes, domestic scholars have elaborated differentperspectives, drawn administrative compensation is both a liability and an independentspecific dual nature of administrative acts. The second part of the study outside theexecutive compensation controversy relief, further demonstrated administrativecompensation disputes should be characterized as administrative cases shall be throughlitigation rather than administrative channels to resolve. The third part of the executivecompensation research status of disputed litigation relief, analysts pointed out that thereason of the executive compensation controversy on the existence of many defectsand remedies exist. The fourth part of the establishment of the executive compensation controversy significance Litigation System has respectively analyzes the significanceof the executive compensation controversy Construction Litigation System and ItsImplications for amendment of the Administrative Procedure Law. The fifth part is thefocus of this article, namely that the idea to build the executive compensation in linewith China’s national conditions relief mechanism.