Responsibility principle of executive compensation

State Compensation Law on State Liability Principle is the basis for liability and standards, which is why the state should bear the liability of an act, after the damage is due to the illegal infringement of human behavior, or because the person committed the act When an act of subjective fault, or what other reasons because the State was liable for damages. China's State Compensation Law applies to executive compensation is illegal Fixation. State Compensation Law, Article 2, paragraph 1: Country agencies and state organs exercise of powers violations of civil Law, legal persons and other organizations damage the legitimate rights and interests of victims in accordance with this Law, the right to compensation by the state. In other words, the state will only act on the illegal exercise of authority was liable for compensation responsibility for the exercise of authority if the act is legal, the state is not liable for damages. State Compensation Law has been adopted illegally responsibility principle, because principle and other principles of law has many advantages compared with the rule of law, principle of administration according to law and administrative Procedural requirements are coordinated, easy to operate, but also conducive to the protection of victims to obtain state compensation, more in line with the characteristics of state compensation.

Criterion of Liability is to determine the basic principles of State liability for the obligations of the subject and the state compensation claims for people, what is illegal, what acts constitute violations and may lead to liability issues such as the State is a very important question, therefore, correct understanding and application of the law by the State Compensation Law has the responsibility principle is very important.

First of all, in the Criterion of Liability "law" is a broad law. Both substantive law, including procedural law, both laws, regulations and other generally binding normative documents, including the basic principles and spirit of the law . The reason why a broad understanding of the principles of law, because the state organs and their staff is very broad terms, by the multi-level multi-angle bound by legal norms, in violation of any hierarchy of norms should be deemed illegal. state organs and their personnel management activities, in addition to various legal actions, but also the fact that there are a lot of behavior. For the facts, the law can not provide for uniform standards of conduct detailed, because the facts do not meet certain criteria, conduct causes harm to another, the state does not violate the act can not be refused on the grounds of legal liability. In addition, many areas in the state administration is currently no clear legal norms as a basis for the exercise of power, spirit of the law and basic principles of behavior are the main criteria to judge competence, and if concrete legal norms or standards as a basis, will inevitably result in many actual victims can not be the result of compensation by the state, which is obviously not fair. but also should be noted that no country of the foreign State Compensation Law in the narrow concept of law explained, on the contrary have been expanded to varying degrees, to explain. It is clear that traditional principles of law refers only to violations attributable to the legal norms in the strict sense, this understanding of the narrow loss. In order to more effectively protect the state tort cases the legitimate interests of the victims, to prevent state agencies or state organ to circumvent the law, abuse of authority, responsibility principle should be illegal for a broad understanding of the law. illegal except in the strict sense refers to violations of laws and regulations, but also including a breach of good faith, the principle of public order and good morals, respect for human rights principles, not abuse of power principle, the principle of reasonable care to do so. This understanding is conducive to resolving the pArties, such as beatings and other public service compensation for damages caused by violations. Although the behavior of public officials are not prohibited by the provisions of the law pre- However, the principle of respect for human rights violations, which the State of the damage caused by such acts shall be compensated.

Second, the law of both the positive as illegal, but also negative Omission. As tort law is subject to positive law as a way to show out of the case. For example, the judiciary of the miscarriage of justice, wrong catch, arrest the wrong behavior the executive's penalties for violations, illegal acts such coercive measures are as a sexual offense. not as tort law is the subject refuse to perform or delay to fulfill its responsibilities and obligations of the illegal situation. It should be noted, finds Omission or duties should be a statutory obligation to determine the existence of the premise, that is, if the state authorities or state organs do not perform their statutory duties or obligations established itself, it does not act as a damage caused to the victims, then, the state shall be liable for this. If the law gives state authorities or state personnel under certain circumstances act or omission discretion, unless the national authorities or national government workers do not make as normal behavior has reached intolerable point, otherwise, countries have no liability. not as yet include undue delay, that is, negligent, lazy, slow for no reason. If the law clearly defines as a period or time, not within the time limit shall constitute as an illegal omission, But if the law does not provide a time limit, we must consider this set a reasonable deadline. usually should consider ease of official activities, the usual time to deal with such official, then the existence of objective circumstances and the interference of such factors as force majeure and obstruction, and so on.

Finally, the law includes both legal acts attributable to the principles of law, including the fact that illegal. Legal law easy to understand, is the fact that illegal acts of state organs and their staff to implement the law does not have direct legal effect of the act. For example, government agencies provides consulting, implementation guide, published information is true behavior. As the Government guidance or providing incorrect information suffer damage, although the government's behavior may not strictly a legal act, but a fact that behavior, but the Government still should have to bear the liability.

In summary, the specific circumstances of law include the following: First, the state body in violation of tort laws, rules, regulations and other generally binding normative documents, the second, the state tort actions, while the main body of these documents does not violate clearly defined, but the violation of basic principles and spirit of the law, and the third, the state tort did not perform the main duties and responsibilities to specific people, or in violation of the duties and obligations of a pArticular person, the fourth state in the exercise of discretion infringing the right of the main abuse of authority or reasonable care not doing. Links http://www.hi138.com Research Papers Download