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The Study Of The Relatively-concentrated Adminstrative Penalty Institution On The City Affairs Excution

Posted on:2008-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:J L XueFull Text:PDF
GTID:2166360212993288Subject:Law
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The administrative penalty institution has been one of the most important administrative law systms which means the enforcement subjects of administrative law can punish an offence against rules and regulations by the interest party. And it is not only the important measure which the administrative organ performs,but is also the most intimate legal system to the right and the duty of the common people.As the law-based administration policy is the key of the law-based ruling of the nation,further more the law-based penalty is the routine content of the law-based administration.At present under the circumstances of the principle of putting people first ,and as the 2008 Olympics is coming, the creation of relatively- concentrated administrative penalty mode which has been set up by law of the P.R.C. on Administrative penalty,afterwards it sprouts out all over the mainland.Actually,the way I see it that the creation is the seperation of power which the central government bestows the local authority ,then the latter can horizontallly concentrate the disintegrated administrative penalty which belong to many different departments before so as to overcome the weakness of enforcement ,abusement and dispersal ,on the other hand it may considerably reduce the institutions and cut down the employees and the administrative expenditure .Further more it would enable the government enhance the payable capbilities to the other field which have an urgent need.And we can also get rid of the heavy financial burden of enforcement in order to that the people can share the fruits of the reform and the policy of opening our country to the world.But how to clearly define the powers between the central government and the local governmemnt has been a recurrent strain.In my opinoin,the key is to how to distinguish the socail affairs. In the past,the central- government-oriented socail system has frustrated the activities of the local government.Under such policy,the central government has performed many things that he can not do them well,on the contrary, the local government can do but without the correspondent rights.In such mode ,some certain affair is ruled by many subjects which belong to the local government or the central goverment.Under the planning economic system,the phenmenon that a certain group is created after putting out one law has been an practice. As result,there has been more and more groups and the administrative cost.Right now,china has been a member of WTO.and china has been tightly connected with the world.But in the past,th Chinese people are afraid of talking about human right because it seemed to be a patent of the capitalist.In fact,china hasn't been short of the concept of human right,as the 2008 Olympic is coming ,china has open his doorto the outside world, and has been internationalised in all-arround.It is said the future of the government shouldn't entrust by chance,instead the government should be provided a legal system which can controll the public organ.The final aim of the departments which the government has is to excute justice,in other words, to support the rule of law.In practice,the relativelly-concentrated administrative penalty system have met with many dilemma.As the era changed ,the socail system has been change to marketing economics system from plannning economics system.And it is a huge change for china because many benefit parties alter,in the city, there has been more people out of work,and more rural people aimlessly rush to the city for their living ,and there aren't more chance for them.May be that is the reasons why there has been so many peddlars in the street.Now that the central authourity has bestowed the relavent powers to the locality by the law,and I do think the heads of the local government should take their resposipility, and we should set up the application of accountability system for the head instead depend on the limited function of the relativelly-concentrated administrative penalty system.The way,I see it,should reform mutully include legislationjuridiction and administration.Now china performs law-based ruling policy,further more china shuold uphold the principle of putting people first.To the best ,let the humane spirts run through the whole process of administrative excution.And the nation should express their concerns of human right,estimate the dignity of the common citizen by all means to create more and more chance to the weak,at the same time,to provide more facilities for the people'living and the other humanrights.
Keywords/Search Tags:the City Affairs Regulation, the Excution of Adminstration, the relatively-concentrated administrative penalty instution
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