Executive compensation and executive compensation and Distinctions
Executive compensation is the state administrative organs and their staff in the exercise of Lawful authority because of damage to the process of citizens, legal persons or other legitimate rights and interests of organizations, the remedial measures taken. Executive compensation and executive compensation are state administrative organs and their staff the course of their duties to the citizens, legal persons or other organizations, the damage the legitimate rights and interests to take remedial measures, and in dangerous areas of responsibility, executive compensation and executive compensation is no clear boundary between. However, there are still many differences between the two, in:
1, for different reasons. Both are state administrative organs and their staff in the administrative process of damage to citizens, legal persons or other organizations are the legitimate rights and interests of the remedial measures taken, however, executive compensation for damage against the executive and illegal workers, while executive compensation for the legal behavior.
2, the coverage is different. The scope of executive compensation is less than the scope of executive compensation. Executive compensation restrictions by the State Compensation Law, the state does not have all the administrative tort liability, such as acts of state for foreign affairs, national defense, the general view that the implementation of national exemption, the state to citizens, legal persons or other organizations, the damage is not liable for damages. acts of executive compensation in addition to the reasons for the legality of this restriction, there are no other restrictions.
3 different levels. Chief of compensation to citizens, legal persons or other organizations as legitimate rights and interests of executive compensation levels adequate remedy. State Compensation for damage limited to the personal rights and property damage, but no such limit executive compensation. Moreover, the State Compensation Act within the scope of the damage caused by administrative violations, the state is not full compensation, but limited to the minimum level of direct losses. State Compensation Law provides that "computing standard" one in order to limit the role of the amount of compensation. executive compensation to the principle of compensation for actual losses and administrative organs and their staff of their legal actions to citizens, legal persons or other organizations of the legitimate rights and interests of the extent of damage, state the number of compensation. Of course, executive compensation for the damage of the citizens must be specific, suffered by legal persons or other organizations, particularly the damage, not widespread damage. from the damage this point of view, focusing on executive compensation for the maximum amount of compensation, and executive compensation focus on the specific nature of the damage, no amount restrictions.
4, the procedures are different. Executive compensation may be before the damage occurred by the executive authorities and the citizens of negotiation, it may be after the damage occurred by the executive authorities with whom consultation. Executive compensation can only occur after the occurrence of the violation, by the executive and citizen consultation. executive compensation and executive compensation can apply to mediation, however, citizens and administrative authorities for executive compensation and the prosecution can not reach an agreement for administrative proceedings in general, and administrative organ for compensatory obligations can not reach an agreement on executive compensation The prosecution, for administrative tort proceedings.
5, a different nature. The nature of executive compensation liability on the part of the executive, but executive compensation is the nature of the specific administrative act. Executive compensation is a state administrative organs and their staff act of unLawful exercise of authority assumed a legal responsibility, with a negative and condemnation of the meaning of the executive compensation is the state administrative organs and their staff the legal damage caused by acts of the remedial measures taken by the executive compensation decisions are made by specific administrative act.
6, according to different. The legal basis for executive compensation is the single of the department of Laws and regulations, and legal basis for executive compensation and the State Compensation Law Administrative Procedure Law. Links http://www.hi138.com Research Papers Download
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