The Enactment On The Obligation Of Illegal Administrative Actions

Since the policy of ruling by law has been gradually put into practice, the system of the obligation of illegal administrative actions is beginning to attract the attentior of both the academia and the practical school of legisprudence, however, most of the research in this field has focused much more on the theoretical part than the investigation of the existing legislation, centering on the area of administrative jurisprudence rather than at an all-around perspective of the regime of ruling by law Therefore, through the investigation of the sample legislations, this paper aims tc describe the status quo of the legislation of the obligation of illegal administratior while preliminarily review it at an angle of combining the legisprudence anc administrative jurisprudence, on the basis of which it carries on to discuss how tc establish more precise and scientific articles of the obligation of illegal administratior in improving the legislative technique, and how to take effective control of the existing administrative power and guarantee the rights of the administrative counterparts in perfecting the system of the obligation of illegal administration.The content of this paper is as follows:The foreword introduces the research aim, perspective and investigative method of this paper, as well as the structure design and main content of the text.Chapter One clarifies the research emphasis on the enactment of the obligation ol specific illegal administration and defines "the subject to confirm obligations" and other conceptions, setting the research sample as the existing 113 rules and regulations of the city, and selecting the statistical unit among the rules and regulations, clauses and unit samples.Chapter Two, proceeding with the following five parts: the enactment ratio of the obligation of illegal administration, the possibility regarding the obligation of illegal abstract administration, the obligation of improper specific administration, the obligation of specific administration for its illegal procedures and the variance of the obligation of illegal administration in amending laws, generalizes the basic situatior of the enactment on the obligation of illegal administration.Chapter Three explores respectively on the whole design of the illega administrative subjects by different rules and regulations, as well as the rationality ol these designs. It also analyzes the so-called "unitary subject" and "dualistic subject" the "unitary subject" might neglect ascertaining the obligation of the administrative Administrative Subject Theory but also the defect of the legislative technique.Chapter Four examines the modes and types of various illegal administrative subjects, and also the problems of legislative theory and technique with regard to the various modes or types.Chapter Five mainly examines the categories of "the subject to confirm obligations" among the administrative subjects and administrative counterparts and also to what extent they match with the superior laws.Chapter Six investigates into the consistency between the obligation undertaking subjects and illegal administrative subjects, mainly focusing on the "inconsistent" phenomenon of the obligation subjects and illegal administration subjects.Chapter Seven discusses the respective characteristics of the way to take responsibility by the administrative subjects and administration counterparts. In effectively restricting the administrative power and fully guaranteeing the rights of the administrative counterparts, it researches into the shortage of the existing obligation undertaking.Chapter Eight explores on the subjective, circumstance and aftermath essentials of the obligation of illegal administration, in order to reveal the different requirements in regard with the subjective and circumstance essentials of obligation of the administrative subject and administrative counterparts and analyze the rationality of the consisting of aftermath essentials by the administrative redemption and administrative punishment.On the basis of the status quo description and preliminary review, Chapter Nine puts forward the author's own opinions on legislative design for improving the obligation of illegal administration system.Chapter Ten talks about the three problems mentioned before in this paper which needs further researching.