Research On The Enactment Right Of Administrative Reward In Our Country

Reward has a long history in China for administering state affairs well and ensuring national security. Since the reform and opening up, the role of administrative reward becomes highlighted and obvious in economic growth and social management after the transformation of planning economy to market economy. Preferential tax policy and reward for science and technology and other administrative reward policies have made outstanding contributions to realizing administrative goals, driving economic growth and social development and enhancing welfare of people. In modern countries, government places increasing value on administrative reward, which is parallel with administrative penalty and administrative license.As a commonly used public administration means of government, administrative reward catches increasing attention in the field of public administration. The incentive policies of administrative reward supplement with punitive policies of other traditional administrative conducts like administrative penalty and they together become effective means to implement public administration and influence counterparts of administration. Legal system is not pure system at all, but to be materialization of concepts and forms. It has some value factors and pursuits itself. In modern administrative law, administrative reward becomes an administrative means catching increasing attention like administrative penalty and administrative mandatory behaviors, aiming to fully arouse people’s enthusiasm and creativity, reward the advanced, encourage the backward and finally realize given objectives of administrative subjects in setting reward. Just due to the reason, reasonable and proper application of administrative reward will encourage the general public to do things beneficial to people and nation beyond any doubt.Administrative reward has initially formed an extremely big legal system which includes normative documents ranging from Constitution and the law to regulations and other normative documents, and from the central laws and regulations to local laws and regulations, and covers extremely broad fields. But on the other hand, these legal norms are also very imperfect in the enactment of administrative reward, some of which even just mention the "reward" with few words and don not cover conditions of reward, means of reward and procedures of reward. This is one of the causes that make administrative reward confusing in our country. The root of the problem lies in the lack of national specialized legislation for administrative reward.The enactment of administrative reward should refer to that the normative document makes creative regulations for administrative reward prior to other normative documents.The so-called enactment right of administrative reward is made by organs that are legally entitled to enactment right in accordance with the scope and procedures regulated by Constitution and the law and create administrative reward in legal form, which should include the subject of enactment of administrative reward, jurisdiction of administrative reward, conditions of administrative reward, and procedures of administrative reward, etc..However, owing to great difference of traditional administration from modern administration, different governmental functions lead to adoption of different administration methods by government as well as changes to connotations of the administration principle according to law. Administrative conducts should be restricted by laws continuously and strictly. If without authorization of law, administrative organs cannot do penalty, levying and mandatory behaviors; but it will violate the basic value of rule by law if authorized administrative behaviors are required strictly to be specified in laws expressly. So, the administration principle according to laws requires it conforming to fairness, justice and public benefits. After transferring governmental functions, government adopts essential rule by law for setting administrative reward and other authorized administrative behaviors, as its flexibility will ensure government to realize administrative functions on the one hand and safeguard public benefits on the other hand. It can be said that it is an intrinsic factor to transfer connotations of administrative rule by law. So, in normalizing setting right of administrative reward, it is necessary to reduce randomness practically and maintain its flexibility effectively. So, it will conform to the need of rule by law if both of them are taken into account.Through analyzing the present situation of legislation of administrative reward in our country, from the structure of the system and language structure of articles, it is easy to find that although the legislative quantity is huge in the whole administrative reward system, there exists a serious problem for the regulation of administrative reward, especially in the field of enactment right of administrative reward. There are a series of defects such as vague concept and unclear decentralization, mainly including: first, there are confusing definitions of the subject of enactment right of administrative reward and its jurisdiction; second, the object of enactment right of administrative reward is not legally approved; third, the right setting of three, there is no special legal adjustment of enactment right of administrative reward; fourth, there is lack of supervisory program for enactment right of administrative reward.The essence of administrative reward is a kind of relationship of rights and obligations. It is this kind of relationship of rights and obligations that combine the different subjects in the process of administrative reward, and the rights and obligations are of decisive significance to every subject. Therefore, the enactment right of administrative reward is not a power that simply adjusts the relationships among different subjects and it cannot be simply interpreted as executive power or legislative power. It is a composite power that can make subjects directly determine the relationship of rights and obligations of administrative reward. In this sense, the enactment right of administrative reward plays a very important role in the legalization of administrative reward.Throughout the collative administrative legal norms in our country, administrative reward is scattered in various types of separate legal norms from the Constitution, the law and administrative regulations to local regulations, administrative rules and all kinds of other normative documents. However, most laws and regulations do not make regulations for administrative reward and some only make few legal provisions which are mentioned vaguely. At the same time, our country has passed a series of important administrative law norms such as "Administrative Penalties Law", "Administrative Licensing Law" and "Administrative Compulsory Enforcement Law", which play important roles in their respective fields. However, as the same commonly-used means of administrative management by government, there is no unified legal document making regulations for administrative reward all the time.So, our country needs to formulate a unified law for administrative reward.As for the enactment right of administrative reward, from the perspective of entity, we should define subjects of the enactment of administrative reward and perfect legislation mode for the jurisdictions of subjects; then, we should standardize the types of administrative reward and eliminate "privileged" reward. From the perspective of procedure, we should conduct a cost-benefit assessment of administrative reward, improve hearing system and expert demonstration review system which are established for administrative reward, establish evaluation mechanism for the enactment of administrative reward, and establish and perfect the supervision system of administrative reward.