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The Research On Mechanism Of Administrative Regulation's Compromise

Posted on:2007-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:W W LiuFull Text:PDF
GTID:2166360212965719Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative regulation is much related to citizen, especially for their rights and interests. At the same time, because administrative regulation has compellent characteristic, it may be easier to damage people's rights. During execution, administrative department pays more attention to management and power execution, but ignore its corresponding service and protected privilege. So it will result in that there are big gap between administrator and citizen, moreover, it is not good for protecting citizen's interests.As result, we can refer to Germanic and Taiwan region's administrative compromise contract, and scholar's opinions in our country, we propose administrative compromise which is a negotiation between administrator and citizen during administrative regulation. In our thesis, we first analyze the disadvantage of administrative regulation, and then propose administrative compromise based on western country's theories.In the following, firstly, we give an overview about western country and our country compromise idea. Secondly, the concepts of administrative compromise are defined. Thirdly, the advantage and disadvantage is analyzed to demonstrate the importance of importing compromise during administrative regulation; furthermore , after analyzing the administrative service, challenging the traditional theory, we propose that the administrative compromise should be exist for its theory fundamentals. In the end, we propose the architecture of administrative compromise: it includes administrator, object, rules and mechanism.
Keywords/Search Tags:Administrative regulation, Compromise, Administrative power, The idea of law
PDF Full Text Request
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