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The Study Of Administrative Decision-making Responsibility Based On Law

Posted on:2011-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:T CengFull Text:PDF
GTID:2166360305463771Subject:Constitution and Administrative Law
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As the idea of "Administration according to law" and "Responsible Government" being enjoys popular supported, to realize administrative decision-making more scientific,democratization and legalization has becomed a modern democratic constitutional requirements. However, based on the specification of administrative decision-making, decision-making responsibility, especially the theoretical research, has been neglected by theorists. The lack of theoretical studies on Administrative decision-making responsibility results in the lack of accountability for administrative decision-making theoretical guidance, which led to the phenomenon of administrative decision-making frequently misconduct. In order to strengthen the responsibility to regulate the role of administrative decisions, then making the executive decision-making of the rule of law, rule of law in administrative decision-making responsibilities beginning of the study concern to the people.In this article, firstly, decision-making responsibility from the start of the general theory was discussed by analyzing the domestic and foreign scholars on administrative decision-making and administrative decision-making responsibility of many viewpoints, determine the administrative decision-making and administrative decision-making responsibility,and agree the conception of the nature of administrative decision-making as administrative action, of the investigated the legal basis for administrative decision-making responsibility and administrative responsibility of legal decision-making structure, to pursue the administrative decision-making responsibility to find theoretical support. Then the responsibility of administrative decision-making as the cornerstone of the general theory is discussed on the principles of administrative decision-making responsibility, advocates the establishment of the principle of due process, the main responsibility to the principle of liability and fault liability law was supplemented by the principle of executive decision-making responsibilities of the principle of multiple imputation system, as identified and attributed to administrative decision-making responsibility to provide principled guidance. Thesis has the rule of law by administrative decision-making responsibility into the theme, sort of administrative decision-making responsibilities of the existing legal norms, and conduct assessment, to identify the administrative decision-making responsibility to the rule of law in administrative decision-making process of the deficiency. Finally, defects in administrative decision-making responsibility, accountability from the executive decision-making entity, assessment of administrative decision-making behavior of the standard, administrative decision-making methods assume responsibility and accountability mechanisms, so by improving the responsibility system of administrative decision making of concrete ideas.
Keywords/Search Tags:Responsibility for administrative decision-making, Responsibility, Accountability
PDF Full Text Request
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