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Research Of Internal Administrative Standard Documents Legalization

Posted on:2012-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2216330338473836Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
At present,we are working to build a country ruled by law, the key to this issue is constructing a government ruling by law, and administration by law is necessary to construct a government ruling by law. In the process of administrative practice,administration behavior are not just based on law,and largely based on orders and decisions or other documents created by administrative agencies, These documents can be summarised as internal administrative standard documents.We found that internal administrative standard documents have contributed a lot to the administrative practice, and they are the basis of specific administrative acts. They affect not only the administrative systems insiders,but also the Private Party in Administration, in this respect,they had freed itself from internal validity,but we has not put as much importance on it.First,in practice, internal administrative standard documents have many flaws that refers to the main legislative body is chaotic, efficiency and ranks is unclear,the legislative procedures are random, some external supervision and regulation even were considered to interfering in administration. Second, regulation on the internal administrative standard documents is neglected in the process of legislation practice.The thesis is made of three parts.The first part defined the internal administrative standard documents and its characteristic, differentiate administrative legislation and executive orders, specific administrative acts and abstract administrative action,and points out the meaning and measurement of internal administrative standard documents legalization.The second part introduce the the theory origin about the internal administrative standard documents legalization,and proposes necessity and theory value of the reserch.The third part proposes some suggestions on how to regulate internal administrative standard documents,it includes perfecting guiding ideology of legalization,filling gaps of the enactment of internal administrative standard documents. The third part is the main body of this thesis.The conclusion part presents the limitation of the present research and the prospect of future research.The major innovation of the thesis:Firstly,it explicitly propose the connotation of internal administrative standard documents;secondly,it focus on the external validity of administrative standard documents,and proposed some concrete suggestions,such as judicial review, perfecting responsibility investigation mechanism,and so on.The meaning of this thesis lies on clearly definiting the concept and characteristic of internal administrative standard documents,and achieving the purpose and effect of legalization,and finally realizing the rule of law.But on account of the limited capacity of the author, I can't get to the bottom of the theoretical foundation;besides,I have not much practical experience,so I can't check the operability and practicability of my suggestion,which need continuously the problem studying.
Keywords/Search Tags:internal administrative standard documents, legalization, regulation mechanism
PDF Full Text Request
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