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On Administrative Truth Action

Posted on:2008-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:J R ZhuFull Text:PDF
GTID:2166360242455382Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the transition of administrative mindedness from order &management administration to provision &service one, administrative truth action has become transparent. The administrative truth action is the indispensable part of administration law system, however, its implication and outer range is still undecided. Through summarization and induction together with historical and logic analysis in view of civil law truth action traits, this article conceptualizes the administrative truth action so as to seek the integrity of administrative action theory system, under which the administrative truth action is standardized to maintain and protect the interest of administrative client, and to realize the principle of"due law to obey".The first chapter of the article is the analysis of administrative entity theory on the base of administrative theory conceptualization by use of wide administrative truth concept and in reference to the study situation of several countries and Chinese state characteristics. The conclusion of this part is that the administrative formulation , change , and disappearance are not the aim during the course of the administrative entity's carrying out its function and daily administrative business features the administrative truth action ,among which some result in legal causes ,others not, but with opinion utterance the prerequisite. Moreover, the characteristics of being constructive, attached, service-oriented, and derived features the outer range of the concept. Second chapter of the article is to standardize the administrative truth action from the legal perspective. The administrative truth action can only give the remarks whether it is legal or not without the right to appraise its value. The entity, procedure, appeal, and compensation for administrative truth action are designed to foresee the optimization of the administrative legal system, the true realization of the ideal of"executing administrative function according to law"for the effective protection of the administrative clients'rights.The renovation of the article lies in the content, mainly in three aspects. First is the administrative truth action entity study based on the perspective of systematic theory and civil-law-related actions. Second, the administrative truth action is divided into four parts of being constructive, attached, service-oriented, and derived. And third is to be the conclusion that only legal without authenticated role features administrative truth action, thus relative appeal possesses only assured verdict so as to ascertain the standardized analysis'being scientific. Several issues need deep and more study, e.g. administrative appeal, administrative compensation in this province.
Keywords/Search Tags:Administrative truth action, Entity theory, systematization, Civil legal system, Form, Standardization, Authentication
PDF Full Text Request
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