Research On The System Of Administrative Reward For Good Deed

In recent years,there have been many examples of good Samaritan in society,and the news media also reported such incidents.Brave people in the face of nefarious criminals,or in the face of major disasters and other dangerous situations,regardless of their own safety,to come forward,sacrifice their lives to save,their behavior is worthy of every citizen to learn.But while we lament the virtue of the good samaritans,in other cases the results,both moral and legal,are deplorable and shocking.It makes us reflect on whether the heroes and their relatives who suffered from injuries and even paid for their lives have received due respect and rewards from the country and society.China's provisions on the protection of the rights and interests of VFF are scattered in the criminal law,civil law,labor and social security law and other departments,which are limited to the internal structure of each department.The contents of the provisions are focused and very limited,and are not intended to advocate and encourage VFF.The government is the main body to realize the social and public interests.In the aspect of administrative law,the system of administrative reward that advocates and encourages doing good deeds plays a decisive role,but such an important system has no unified legislation in the whole country.In the current legislation,only provinces,autonomous regions,municipalities directly under the central government and individual prefecture-level cities have promulgated local regulations or government rules on the protection of the rights and interests of VFF.However,due to different understandings and differences in local economic levels,local legislation on the identification of ACTS of good Samaritan,the amount of administrative awards and other issues are very different,resulting in regional inequality.Some similar cases in some areas can be identified as good Samaritan,while in other areas are not recognized,and the amount of reward is very different,causing different prices of the same life in the community.Therefore,in order to correct the common problems in local legislation,such as wrong understanding,incomplete protection measures and insignificant advocacy effect,in order to maintain the unity of the legal system and treat every volunteer fairly,it is urgent to improve the existing legal system of volunteer administrative reward.This paper is divided into four main parts,the first part first embarks from the theory and the current local legislation,clarify the related concepts of the administrative reward,hero and interpretation from three aspects: the legal nature of the administrative reward,reach the purpose of accurately grasp the basic connotation of the administrative reward hero,and then through the analysis of administrative reward and heroic hero differences and similarities of two administrative compensation system,and interprets in terms of administrative law,how the design specification and complete system to safeguard the rights and interests of the hero.The second part analyzes the unique advantages of the adjustment of the administrative reward system from three aspects,namely,the inheritance and development of traditional morality,the remedy for the deficiencies of other departments,and the inevitable requirements of the transformation from management administration to service administration,and summarizes the advantages of the administrative reward system.The third part first summarizes our country's heroic administrative reward the central level and the status of the local legislation,in the summary,combing specific legislation content,combined with the regional practice,on the basis of analyzing its indispensable practical significance to workers rights and interests safeguard,careful study found that administrative reward system has many problems needed to resolve,worth people to think about.The fourth part is the summary of the third part of the problem,this paper tries to from the procedure to the content of the five aspects,put forward the corresponding improvement Suggestions,to better protect the good Samaritan's rights and interests.