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On The Perfection Of Fishery Oil Subsidy System

Posted on:2020-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiFull Text:PDF
GTID:2416330623459356Subject:legal
Abstract/Summary:PDF Full Text Request
Fishery oil subsidy given birth to protect the public interest,was a temporary financial support provided by the government to ensure the survival & development of fishery producers,has grown into the administrative supply with the characteristics of long-term and common good,while paying fishery oil subsidy is the obligation of China Fishery Law Enforcement,the fishery producers have the administrative beneficial right to demand the fishery oil subsidy.Fishery oil subsidy system needs to take the concept of safeguarding public interests as the evaluation criterion and theoretical guidance for its steady operation,and also highlight the role of good faith.The full text has designed many diagrams and tables,typical cases,and cites a large number of accurate data,and conducts the following research:By introducing the concept,development history,current situation and the existing norms of the fishery oil subsidy firstly,the paper explores the legal nature and characteristics of fishery oil subsidy,revealing its legal attributes as administrative supply,and clarifying it is conditional administrative supply by the China Fishery Law Enforcement,which directly cuts into the theme of the paper and establishes the theoretical basis for the full text.Then,through the analysis and demonstration of the cases of corruption of the fishery oil subsidy by fishery law enforcer & fraud by fishery producer,and refine the problems and analyzing the cause of the problems,more new cases are interspersed,which exposes more problems in the fishery oil subsidy system,it shows the operation status of the fishery oil subsidy intuitively,indicates the necessity and urgency of perfecting the fishery oil subsidy system,reveals that the China Fishery Law Enforcement only deals with the fishery oil subsidy as charity & the means to achieve administrative purposes,and alienate the abolition and deduction of fishery oil subsidy into administrative penalties,as well as the existing deficiency in public interest,good faith,additional clauses,due process,legal remedies,etc.Subsequently,the problems exposed above are summarized in depth.In order to better illustrate the problems,the case model is used to strengthen the demonstration,and the above-mentioned problems are summarized into four aspects: duration,object,condition and relief,meanwhile summarized the operation mode of applying for and issuing fishery oil subsidy as positive elements + additional clauses,which emphasizes wide enter severe go out and after-action management,abolition and deduction of fishery oil subsidy as the key point,that is focusing on export control.Finally,the countermeasures to solve the problems in the fishery oil subsidy system are put forward: on the one hand,public interest and good faith are used as the correct ideas to solve the problems in the fishery oil subsidy system;on the other hand,puts forward improvement measures in four aspects: conditions,objects,duration and relief,meanwhile improved the operation mode of applying for and issuing fishery oil subsidy into positive elements + negative elements + special negative elements+ additional clauses,which emphasizes strict entry&exit and prior audit,whether being up to the standards of applying for the fishery oil subsidy as the key point,that is focusing on entry control.
Keywords/Search Tags:Fishery Oil Subsidy, Administrative Supply, Conditional Administrative Act, Public Interest
PDF Full Text Request
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