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A Study On The Principle Of Due Administrative Procedures

Posted on:2010-11-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:L X JinFull Text:PDF
GTID:1116360278478036Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
At the basis of combination of procedures in the history of development and the existing administrative procedures of the research results, this paper proposes the principle of due administrative procedures. The article put the principle of due administrative procedures as the core principle in administrative procedures law. It also built a three-dimensional system of administrative procedures law principles, that is, the system which is commonly component of the core principle of the Administrative Procedures Act and the basic principles of the Administrative Procedures Act together. And, around the principle of due administrative procedures, the paper has launched a study logically. Finally, the article analyzes the problem which principles of due administrative procedures faces and its future prospects.The specific content of this article include the following: (1) Regarding the principle of due administrative procedures to establish and location. Article analyzes the history of due process and the modern history of the development of administrative procedures, set out the principle of due administrative procedures to establish and connotation. Thesis demonstrates the principle of due administrative procedures in the rule of law in the administration's position, that is, the principle of due administrative procedures is the core principle of the Administrative Procedures Act, the relationship between the principle of administrative procedures and the fundamental principles of administrative law, the relationship between the principle of administrative procedures and other basic principles of administrative procedures law. (2) Theoretical foundation of the principle of administrative procedures. The article from the theory of civil society, the new public management theory, deliberative democracy theory, procedural justice theory and"the theoretical basis of administrative law"perspective to explore relevant theory with the At the basis of combination of procedures in the history of development and the existing administrative procedures of the research results, this paper proposes the principle of due administrative procedures. The article put the principle of due administrative procedures as the core principle in administrative procedures law. It also built a three-dimensional system of administrative procedures law principles, that is, the system which is commonly component of the core principle of the Administrative Procedures Act and the basic principles of the Administrative Procedures Act together. And, around the principle of due administrative procedures, the paper has launched a study logically. Finally, the article analyzes the problem which principles of due administrative procedures faces and its future prospects. The specific content of this article include the following: (1) Regarding the principle of due administrative procedures to establish and location. Article analyzes the history of due process and the modern history of the development of administrative procedures, set out the principle of due administrative procedures to establish and connotation. Thesis demonstrates the principle of due administrative procedures in the rule of law in the administration's position, that is, the principle of due administrative procedures is the core principle of the Administrative Procedures Act, the relationship between the principle of administrative procedures and the fundamental principles of administrative law, the relationship between the principle of administrative procedures and other basic principles of administrative procedures law. (2) Theoretical foundation of the principle of administrative procedures. The article from the theory of civil society, the new public management theory, deliberative democracy theory, procedural justice theory and"the theoretical basis of administrative law"perspective to explore relevant theory with the Constitution, the last step by step extended to other sectors of law, and gradually open the rule of law a new era of the procedures in China.In short, through the thesis research on these issues, the author hopes that the principles of due administrative procedures should be firmly established as the core principle of the administration procedural law. At the history and reality, at the theory and practice, between the external and internal, and between the truth and norms, to make the principles of due administrative procedures as the core principles of Administrative Procedures Act. I hope that Rule of Administrative Law, Code of administrative procedures and the development of Constitutionalism can benefit from these studies in our country.
Keywords/Search Tags:ADMINISTRATIVE PROCEDURES, THE PRINCIPLE OF DUE ADMINISTRATIVE PROCEDURES, THEORETICAL FOUNDATION, CONSTITUENT ELEMENTS, EMPIRICAL STUDY
PDF Full Text Request
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