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Study Of Administrative Omission

Posted on:2008-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:H T YangFull Text:PDF
GTID:2166360242459543Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative omission means an illegal state in which powers and duties are seriously separate, which is inconsistent with the rule of the law in administrative branch for it violates the public interest of the society and the lawful rights of the person who is subject to the administrative action. With the theory of Government of Laws and Responsible Government gradually deepening in mind, the issue of administrative omission has become a focus in the field of administrative law. It has theoretical and practical significance to do systematic and depth research on it. With a typical case, the author attempts to make a study on remedy for illegal administrative omission in the present, using relative perfect theory of other countries for reference.The thesis discusses the fundamental theory of administrative omission The author discusses the concept,the structural element and cassettes of the administrative omission; There are four element. So it is difficultly to compose administrative omission if there is alack of one of these four components. The dominant structural element of administrative omission is the foundation of commission duty. The administrative omission has three classifies.The thesis discusses the administrative omission of the market corpus,economic behaviour of the government and the relation between the central government and local government.A administrative Law is the best of all means to Administrative omission, we can control all the Administrative omission by Administrative Law. The article argues that it should be established and developed the control regime of legislature to fulfill the regulatory control over administrative procedure to fulfill the procedural control over administrative omission, and established and developed the remedial regime of administrative supervision to fulfill the remedial control over administrative omission.In the end the ,the thesis gives some advices.
Keywords/Search Tags:administrative omission, administrative law, the rule of law in the administrative branch, remedy for administrative omission
PDF Full Text Request
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