Research On The Allocation And Regulation Of Administrative Rewards Setting Power In My Country

As one of the government's important governance methods,administrative reward has been widely used in China's administrative management practice,and plays an important role in promoting economic development,scientific progress,strengthening social management and personal value guidance.Demonstrating its richness in practice,it also reveals the institutional defects and legal dilemmas of rewards.The power of administrative reward is less restricted by the rule of law principles and responsible administration.In practice,the system basis cannot be strictly adhered to.A large number of disorderly and arbitrary rewards destroy the authority of administrative rewards and hinder the orderliness of the realization of administrative policy goals.However,because administrative rewards meet the requirements of a social market economy and the need to weaken mandatory behaviors in democratic politics,they contain humanistic concepts such as equality and negotiation.At present,it still seems to be an important administrative method that requires continuous use.Therefore,how to regulate the setting of administrative rewards so that they can fully play their role on the track of the rule of law is an important issue that must be resolved at present.The administrative award setting power is in the basic position in the administrative award system,which directly affects the degree of administrative rule of law.From the perspective of practice,many problems in the administrative award system are ultimately due to the irregularity of the administrative award setting right.In order to effectively solve the problems in administrative rewards,it is necessary to standardize the right to set administrative rewards as a logical starting point.Regarding the right to set administrative awards,there are not many laws involved,scholars pay insufficient attention,and lack a unified understanding of the meaning of the power to set.Therefore,based on the theory of administrative reward,this article systematically explains the concept of the right to set administrative reward,which specifically includes the content of the power of creation and regulation,and demonstrates the legitimacy of setting administrative reward by administrative normative documents.It is clear that administrative rewards are both legislative and executive powers.By combing the legal norms and practices of administrative rewards,it is found that there are many deficiencies in the allocation and regulation of the power to set administrative rewards.For example,the main body of the establishment and the division of authority are unknown,and the main body of the establishment power is not qualified,the authority is set excessively,and abuse of discretion is serious.In terms of specific content,there are many outstanding performances such as excessive setting of administrative normative documents,nonstandard setting of basic elements,and lack of necessary setting procedures and systems.Drawing on the three administrative behavior law setting power allocation regulations and foreign administrative reward practices,suggestions for improving the allocation and regulation of the power to set administrative rewards are proposed.First of all,it is necessary to speed up the legislative process of administrative awards and set a special chapter on the setting system.Secondly,on the premise of clarifying the principles,requirements,and value balance methods,it is necessary to scientifically allocate the setting powers and divide the setting rights.It is necessary to determine the content that should be focused on from the vertical level,horizontal division of labor,and administrative normative document regulation to ensure that the setting power is systematic and integrated.Finally,it is necessary to strengthen the regulation of setting powers by means of sound setting procedures,standardizing basic elements,establishing responsibilities and public power relief channels,and improving the supervision system.In particular,it is advocated to shift the legality review in the judicial review of administrative incentive normative documents to a strict rationality review.This paper hopes that through an in-depth analysis of the allocation and regulation of enactment right of administrative reward,a correct understanding of administrative reward enactment right,a grasp of its rules,and suggestions for improving its system are proposed.This paper also hopes to help to promote the reform,reconstruction and legalization of the administrative reward system.