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Research Into Administrative Credit Relationships

Posted on:2007-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z L ChenFull Text:PDF
GTID:2166360212965695Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The theory of administrative law hasn't built a complete and logic system so far, becausetraditional researchers into administrative law ignored building it with means ofjurisprudence. And so the things make it difficult to study administrative law and build a setof public remedy system. The science of traditional administrative law is always tending toemphasis on the superiority of administrative power too much and regards the relationshipsbetween the state and people as obedient relationships partially. However, they aren't awarethat the relationships of public law are still legal relationships in essence from the perspectiveof jurisprudence. Only when we are completely aware of the legal characteristics ofrelationships of administrative law——especially administrative credit relationships that arealmost ignored, can we properly build a complete system of administrative law withparalleling to civil law, which can protect civil rights and interests thoroughly and effectively.Because administrative act has been fully studied, administrative credit relationship is goingto be discussed seriously. Civil credit relationship s result from contracts, culpa in contrahendo,negotiontiorum gestio, unjust enrichment and torts, so do administrative credit relationship s.However, unlike civil credit relationship s, administrative credit relationships are still therelationships of public law, which have to accord with public law as a whole. If there are nopublic rules to deal with administrative credit relationships, the corresponding civil rules maydo without going against the characteristics of legal relationships.
Keywords/Search Tags:administrative credit relationship, administrative contract, culpa in contrahendo, negotiontiorum gestio, unjust enrichment, administrative compensation, administrative recuperation
PDF Full Text Request
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