The Research On The Avoidance System In The Administrative Procedure

This thesis, applying the comparative analyzing method, made a thorough research into the theoretical system of Administrative avoidance of our country. It is divided into five chapters.The first part of this thesis focused on the basic theoretical issues of administrative avoidance. There are two characteristics of it, the subject is administrative staff and it occurs in the administrative procedure. Administrative avoidance is originated from Natural Justice in England and Procedural Justice in the USA. In the Administrative Procedure,the target mode, the basic principle and the basic system are closely connected, so the logic of Administrative avoidance is inborn expectations for fair treatment of people.The second chapter and the third chapter is the key point of this thesis, it introduces the problem of Entity and Procedure in the system of Administrative avoidance in detail. In foundation of Comparing the Anglo-American Genealogy of Law with continental legal family, this thesis Proposed the type on Excuses of Administrative avoidance. The Procedure of Administrative avoidance is made up of avoidance by himself , by application and by Order. Because they are closely connected , the Author attempts to design a comparatively scientific and easy—operating procedure.The forth chapter talks about the Legal consequence of Administrative avoidance. The ambiguity of legal consequence, which concludes the consequence before avoidance and without avoidance when it necessary is the main defect in our current law making about Legal consequence of Administrative avoidance in public affairs.The last part of the thesis analyze the rule and present condition in the avoidance system, and put forward that we should perfect it in excuse ,procedure and consequence of avoidance system.