The Transformation Of Chinese Administrative Compensation Model From The Perspective Of Contract Principle

Based on the three basic elements of administrative compensation subject,administrative compensation standard and administrative compensation procedure,the administrative compensation system can be abstracted into two modes,namely,the control mode and the negotiation mode,by combing the legal norms of administrative compensation.Chinese traditional administrative compensation system belongs to the control mode.The empirical research on the current administrative compensation system shows that the control mode faces comprehensive challenges in the areas of administrative compensation,administrative compensation standards,and administrative compensation procedures.The negotiation mode is in line with the actual needs of administrative compensation,and has the inherent attributes of equality,freedom,justice and efficiency.It is the transformation of Chinese administrative compensation model.The contract principle accords with the inherent attribute requirements of the negotiation mode,which can meet the current demands of administrative compensation.The introduction of the contract principle construction negotiation mode is beneficial to balance the administrative compensation participation status,protect private rights,and consider efficiency and justice.The principle of contract provides sufficient theoretical supply for the construction of negotiation mode.The principle of contract equality,the principle of freedom of contract and the principle of contract justice can be used to construct the system of negotiation mode from three aspects.This model is mainly composed of basic systems,core systems and supporting systems.The basic system construction guarantees the relative balance of the status of administrative compensation participation,and the power of the administrative organs can be effectively restricted,including the system of establishing administrative compensation obligations,the participatory supervision system and the information disclosure system;the core system focuses on the protection of private rights and avoids private individuals.The rights and interests are not properly compensated,including the system of determining the administrative compensation standard and the system of determining the administrative compensation plan by negotiation;the support system is based on the proper procedure,ensuring the legitimacy and administrative efficiency of public decision-making,including the consultation system and the hearing system.And relief system.