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Executive And The Legislature And Its Remedy Study

Posted on:2009-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:C ShiFull Text:PDF
GTID:2206360242986021Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administration legislative nonfeasance is a disappear state that the administrator has the specific legal duty to constitute administration code or administration regulations and it is possible for the administrator to perform the duty, but the administrator nonfulfillment the legal authority and legal proceedings to constitute administration codes or administration regulations. Administration legislative nonfeasance will touch the non-specifically administration comparatively hominine's right and obligation. Resultingly the abstract administration action not only according as the idiographic administration action, but also according as the idiographic administration nonfeasance. If the administrator doesn't perfect or abolish the administration criterions which afoul with the superior law in time, the administration department's idiographic administration nonfeasance will be happen. It is a very important problem to study administration legislative nonfeasance.The article is divided into four parts. Chapter one, "Why Administration legislative nonfeasance is raised as an issue" , from two cases, mostly analysis what is administration legislative nonfeasance . It's character,harm,behave conformation and conditions of the administration legislative nonfeasance. It is the theoretical foundation of the whole dissertation, and the basis of later chapters.Chapter two, "The cause of administration legislative nonfeasance". It will analyse several aspects, history causation, popedom partition, supervise administration legislative and the administrator's advantage.Chapter three, "The liability and redress for administration legislative nonfeasance", expounds the views on this problems, when administration legislative nonfeasance infringes upon citizens' fundamental rights, whether the administrator should take responsibility and what responsibility should bear for the infringement, how carry throw effective redress. It will bring forward a few redress which adapt to our country's instance overpass compare to overseas administration legislative nonfeasance's control mechanism.Chapter four, "The redress of administration legislative nonfeasance". It will analyse three aspects, Administrative Reconsideration, Administrative Litigation, the state compensation obligation of administration.
Keywords/Search Tags:Administration legislative, Nonfeasance, State compensation, Redress
PDF Full Text Request
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