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On The Agreement Between The Administrative Organs

Posted on:2006-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:S Y TuFull Text:PDF
GTID:2166360182967360Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
While power within the administrative system operates, except according to the rule of universality and specific order, contacting between the organs frequently depends on the agreement (consensus ) that reach each other . The possibility of signing the agreement between the organs and the range of this agreement depend on people's orient to the mode of administrative organization.Some agreements between the organs have mandatory legal engagements to the both sides of agreement, either party can apply to relieve the persons who do not honor an agreement to the relatively independent award organization . This kind of agreement belongs to the category of the administrative contract. Other agreements do not have strength of forcing to both sides, the performance of the agreement depends on the sincere and external public opinion pressures of both sides. In order to seek the legal foundation of the formal agreement between the administrative organs, it is necessary to set up the political system of the de-centralism.In chapter one " Different ideas on organization and agreement between administrative organs ",three kinds of models of organization,sealed model , open model and comprehensive model,and the relation between different organization model and the agreement of administrative organ.have been stated.In chapter two " Nature and classification of agreement between administrative organs ",the author has analyzed the relation of agreements between administrative organs and behavior about administrative plan, the external legal result to the relative people of the administration and the inside results to both sides of the agreement,and divide these agreements into two kinds:administrative contracts between the administrative organs and general agreements (the contracts in fact ) between the administrative organs according to the inside result.of this agreements ,and In the section" administrative contract between administrative organs "has stated orthodox theories about administrative subject and administrative organ , and carried on a certain revision to the orthodox administrative subject theorycombining the open characteristic of organization, have expounded the fact the range of the administrative contract belongs to a experience question, enumerate out some common administrative contracts between s administrative organs.In the section" general agreements between the administrative organs " ,the author has expounded briefly by the essential features, the existing ways of the reason and several kinds of general agreements between the administrative organs. At the end of this chapter, the author has classified the agreements between administrative organs.In chapter three " agreement about the administrative organs of our country at present ",the author points out the legitimacy question existing in agreements between the administrative organs of our country at present, and thinks that it is the prerequisite of solving the former problem to setting up de-centralism system. Finally,the author introduced several kinds of agreements between the administrative organs on which some new administrative organization are set up.
Keywords/Search Tags:the mode of organization, Agreement, Administrative organ, De-centralism
PDF Full Text Request
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