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The Investigation Of Administrative Assistance System

Posted on:2011-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y W XuFull Text:PDF
GTID:2166330332956396Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Standardization of administrative assistance is one of important indicators of improving the administrative legal system. When the main body of the administrative makes full use of the administrative functions but can not complete the case, it requests another administrative department to assist and accomplish administrative goals together. This not only embodies that China's administrative has a clear division of authority administrative functions, but also reflects the integrity and unity of the executive branch. Many civil law countries have legal provisions with their corresponding the system which has a complete and systematic system. In our country, relevant content are involved in some laws and regulations, but they are still not so clear. However, establishment of administrative assistance system in China is just around the corner, from the legal research direction and many topics have been put on the agenda. Therefore, the study of administrative assistance system has both theoretical significance and practical value.In this paper, study of the administrative support system is from five aspects.The first part is an overview of administrative assistance. With regard to the concept of administrative assistance, the author summed it up as, when the executive authorities can not rely on its own strength to complete an administrative office, executive branches which have non-subordinate relationship, assist to finish common administrative duties according to the request of the main body of administrative. It is a kind of act in accordance with the request and temporary. This mainly occurs in main bodies of administrative, in terms of administrative assistance, it should be an aid to assistant conduct or behavior, but it is different from the general administrative commission, administrative coordination, social assistance and administrative authority.In the second part, the author focuses on the necessity of construction of China's administrative support system. At present, many domestic scholars put forward their own views and opinions on the establishment of the system of administrative assistance, from the angle of most basic definition of the concept and how to build the system, which embodies the trend in our country to establish administrative assistance system. Therefore, to explore the construction of this system will be of great theoretical and practical significance both in jurisprudenceand empirical level.At present, many civil law countries have the related systems and the specific provisions of the law in administrative assistance and put into practice. What has been achieved is outstanding. Therefore, in the third part, the author analyzed its practical value through foreign status in administrative assistance system. The fourth part is the administrative assistance system in our country. In this part, after analyzing and comparing China's existing administrative assistance related to the content of the laws, regulations, the main problems in China's existing administrative assistance systems and in practice are presented.In the fifth part, the author makes a study on administrative assistance in foreign countries to study the system through the research of prior administrative assistance system, and put forward some ideas on how to establish administrative assistance in China. This paper hopes to soundly analyze legal system of China's administrative consummating process.
Keywords/Search Tags:Administrative
PDF Full Text Request
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