| The system of avoidance has occurred since ancient time. Its development has had a long history, trenching it from the statues "san-hu-fa" of Donghan Dynasty to the modern national servants regulations. As our Chinese people always attach much attention to their families and relationship, and these phenomena such as to employ only relatives and families, to use power for self-interests, to organize factions and partisans, to shield for each other and so on, which are very harmful to the public interests of the nation, left a severe political effects to the governing class's work. While in western countries, the respective were received by judges greatly related to the fair natural position in the laws. The judges' attitudes rest with the avoidance system, and that is to say, their position could not be secured without these system. As the lawfullization movement of administration procedures is carrying out in 20 century, the procedures and litigious procedures had common characteristics in the law value, which become the lawful basis of avoidance system's transforming from litigious' regulations into lawful procedures. Through the legislative endeavors of some national lawmakers/legislators, the avoidance system in administrative procedures has been established.The further development of the reform and the continuous improvement of socialist market economy make the avoidance system more and more important and urgent during the governmental activities. We all knew that the servant with natural person's characteristics exercised every piece of right of the administrative department, and every servant have his own public relations. The servant often found that the engaged cases had some interests to themselves while they were carrying out their rights to solve the lawful issues, especially to the servant who were natives or had had worked frequently. From the point of view of holding the just of administration, the servants in administrative department should have nothing to do with the issues they engaged in. This is the only way to ensure thejudge's fairness.The lawful value of the avoidance systems depends on how to ensure the just of the administrative procedures which can set up the mutual parties' reliance upon resolving their interests' collision and contribute to the steady development of the society. The changes of human society testified that it would make the clash more violent to try to settle it in disorder situation. This point of view can be proved by the regulations of every country's administration, procedure, laws to the avoidance systems.The topic of this thesis has very strong theoretical meaning and practical meaning. It has systemically studies the modern Chinese administration management avoidance issues, with the means for example the basic theories of politics science, administration, sociology, economics, laws and so on. In addition, it dominates theory study way and positivism study means in this thesis. This thesis central topic is that how to make people realize that avoidance system is the important methods of ensuring the socialist market economy to run normally and maintaining the reputation and authority of the Party; how to implement avoidance system and intensify construction of the relative measures; how to strengthen the supervision of avoidance system during executing avoidance system.This thesis includes three parts.The first part introduces the relative concepts and the basic theories of avoidance system, it point that building the avoidance system satisfies the need of humans' nature and maintains the fairness of administration actions, it is one of the import methods in constructing probity administration.The second part analyses the practical actuality of avoidance system in China, from duty avoidance, district avoidance, line of duty avoidance to the total analyses in avoidance system, and attempts to search and research the existed issues and causes which need to settle at present in our country.The third part is the emphasis of this thesis,...
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