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Steps And Strategies To The Realization Of Administration Ruled By Law

Posted on:2003-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:L Q WangFull Text:PDF
GTID:2156360065955519Subject:Law
Abstract/Summary:PDF Full Text Request
It has been one of the princiaples in our constitution to govern the state by law and to construct a socialist country ruled by law. Administration ruled by law is the core of constitution. Administrative acts should be done according to the law to ensure people's legal right and the just order of the society. Meanwhile,Administrative acts should be inspected by law and actively offer service to the society to guarantee citizens' |egal rights fully enjoyed. Sure enouhg,the construction of administration ruled by law is not separated from the situation and reality in China which needs a certain constructive way. This article, in the form of an outline, presents a general idea about the administrative construction in China.The article is divided into three parts. In the first part, briefly listed and analyzed are the construction situation for administration to be rulled by law in current China and the possible problems. The problems are mainly about 3 points; l.The problem of government guidance and market function, this is closely related to law construction at the altering period of society. 2. the problem of uniformity and locality. One of the basic demands and important principles in current law is that everyone is equal in the face of law . One important objective in law -ruling is to remove "local protection" in order to set up unified competition and cooperation. 3- The future ideal of law - ruling administration and the present situation. It is indisputable that neither the making and carrying -out of law,nor the objective of law construction can be separated from the national situa-turn. Or the law system can hardly function well.Though these are not all the problems to meet,they are e-nough to illustrate the hardship and long term of constructing administration according to law in China.The second part presents some inea on the objective mode of law construction. It is believed in the atricle that the law mode in China should be comprehensive. One is the lawful administration under constitution. The guarantee of constitution is conducted by means of protecting civil rights and limiting certain corresponding rights. It can be said that the process of carrying out the constitution is that of ruling by law. Thus the perfection of constitution and the carrying out will be the long -term and hard task in the construction of law. Another one is 昲e administration of law being inspected by administration of justice. A frameword of judicial examination has been established for administration of law, but there still remain a lot of problems, such as the ineffective inspection of administration of justice, etc. The third one is the unified administration of law between power - giving and power handling. The furth one is the unitied administration of law between form and reality. The fifth one is the unified administration of law between pessimistic and optimistic functions. And the sixth one is the unification of case justice and proceduce justice.The third part presents specific measures and strategies to the construction of administration of law. One is to develop market economy and to set up nationwide unified market. The government, in legal process,manages macro regulation and offers necessary service. Another one is the political reform is the key in administrative construction of law. The functions of the Party and the administration,the party and the law should beseparated. And the relationship between policies of the Paity and the law should be in good order. The third one is that the reform of law is the push to administration of law. The reform of constitution is the core of reform of administration of law, which, by means of refer to the power division principle, can better the system of People's congress, set up principles for government to follow law, make perfect the system measures for carrying out the constitution. Meanwhile the construction of law for administration procedures of law should be strengthened. And so should the reform of administration of justice in China. The adm...
Keywords/Search Tags:Administration
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