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Research Into Criterion Of Administrative Liability

Posted on:2005-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:D H XiaoFull Text:PDF
GTID:2156360125956356Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Criterion of administrative liability is the core of the theory of administrative liability, which is one of the important problems of the subject of administrative law. The research on criterion of administrative liability has been commenced in the field of the subject of administrative law in China, and more attention should be paid to it. This paper does research on criterion of administrative liability from such three aspects as basic theory, discussion on some opinions and construction of system. In a word, this paper aims at rethinking the old theory on criterion of administrative liability and constructing the system of criterion of administrative liability in China.Chapter one is the basic theory on criterion of administrative liability. Giving clear definition is the precise and basis of research. First, this chapter expresses the meaning of administrative liability and criterion of liability, and then gives definition of criterion of administrative liability. Second, it reveals the characteristics of criterion of administrative liability. At the end of this chapter, it distinguishes the two conceptions of criterion of administrative liability and principle of administrative damage compensation.Chapter two is the discussion of some opinions on criterion of administrative liability. Some scholars have done research on criterion of administrative liability and they have provided some opinions. This chapter makes discussion about some of their opinions. There is a saying that no demolishment no construction. This chapter is the demolishment.Chapter three is the construction of the system of criterion of administrative liability in China. This chapter is the construction. In my opinion, we should set up such a system of criterion of administrative liability in which fault-understood principle is the main one, the rest are danger liability principle, equitableness liability principle and fault liability principle.
Keywords/Search Tags:criterion of administrative liability, fault-understood principle, danger liability principle, equitableness liability principle, fault liability principle
PDF Full Text Request
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