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The Study Of Limits Of Administrative Reconsider

Posted on:2003-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:Q H WangFull Text:PDF
GTID:2156360065450550Subject:Constitution and Administrative Law
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As one of the law system for the settlement of administrative dispute,administrative reconsideration is connected with the administrative procedure. ltplays an important role in the law system of many countries in the worId. 'I'he Lawof Administrative Reconsideration that was fonnulated in our country in l999peritcts the supervision system of correcting mistake between administrativeorgans themse1ves. As years go by, there are not only experiences but alsoproblems which lie in the practice of the adrninistrative reconsideration. J'he limitsof administrative reconsideration is one of the problems that need to be made thefurther studvWith thc application of relevant law tf1eories in our country and using someprovisions of the Law of Administratlve I{':consideration, this paPer c()t1ducts ananalysis and study on the issues involvcd in the 1imits of admipIistrativereconsideration. The reconsideration 1imits ()f concrete administrative conduct isanalysed at chapter Il. With the cases which are retlising to accept admirlistrativepUnishment, refusing to accept administratix/e coercive measures, retlising to acceI)tthe resolution,issued by admin1strative organs, for changing, terminat1ng ordisso1vlng some certiticate, retlising t(] accept the resolution,issued byadministrative organs, fOr confirming the ownership or utilize ol natural resources.considering the fact that administrative organs infring rlghts of the aut()nomousmanagement, considering the tAc1 the thrm contract is changed, abolished ()rinterfered by administrative organs. considering adminlstrativc organs illegall}levy propertives, apportioned charges, collect capitaIs, or demand perform1ng otherduties, considering administrative orga11s, according to the lau', shouId issue somecertificates or sanction, register some other things which haven't be(:n done,applying administrative organs for performing some legal duties which haven'tbeen pefformed, applying adrninistrative organs for issuing consolations, socialinsurances or the lowest funds of life which haven't been issued and consideringthe concrete administrative conduct of administrative organs infringes otherlllegitimate rights and interests. In addition, the limits of the administrative reconsider which can't be applied are explained in chapter III. It cantams the case as following: The case that citizes, legal persons or other orgnizations disobey the administrative laws and regulations or other resolution, orders of universal bind; The cases of disobeying the administrative management or other decisions of the personnel settlement made by administrative organs; The cases of disobeying the mediation, arbitration or other settlement of the civil complications made by administrative organs; And the cases of disobeying the conduct of the state, such as the national defence , diplomacy, etc.In a word, the limits of administrative reconsideration directly connect with the depth and range of supervising administrative organs and providing relief to the relative persons of administrative supervision. It is one of the cores of administrative reconsideration system.
Keywords/Search Tags:administrative reconsideration, administrative organ, relative person of the administrative supervision, concrete administrative conduct.
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