Study On Avoidance Of The Administrative Public Affair

It is most countries in the world that the administrative public affair avoids system is the basic system that guarantee their administrative procedure are just. The legal norm of a lot of single files of our country has a regulation to this, but because administrative public affair avoid, still have many to be enough on legislative design, have or even critical defect, this has caused this system to be often laid in actual operation aside. With the quickening of our country's democracy, legal system process, the administrative procedure code will inevitablely be issued in the near future. Improve administrative public affair avoid system will become administrative procedure legislate focal point one of too. This text is on the basis of absorbing advanced experience that the administrative public affair of other countries and regions avoids extensively, combine the actual conditions of our country, have proposed some suggestions, measures, in order to hope to help the legal construction of our country. This text has probed into basic theories that the administrative public affair avoids at first, and then the one that avoided the administrative public affair was suitable to apply the terms, design program, the legal consequence has divided into the chapter and carried on the detailed explanation and described. The subject content that these three parts avoid as the administrative public affair is various and complicated, so I divide to every part into odd little yuan discuss again. And has put forward the legislative idea avoided to the administrative public affair of our country from this, in the hope of improving this system, better guidance real work. This text divides chapter four together:Chapter one, basic theories that the administrative public affair avoids. This is the foundation that a thesis launches. First of all, have introduced the modern theory origin of avoiding the system --Just principle naturally, and two key thoughts of this principle: no one can make own judge and both parties in a lawsuit and concurrently listen to the principle. Have proved the just principle enters the genesising of administrative field from the judicial field naturally. Secondly, have narrated concept, meaning that the administrative public affair avoids briefly, have analyzed the properties that the administrative public affair avoids, difference of and the concept similar to other somes. Finally, explained three pieces of main function that the administrative public affair avoids in detail, including: (1)Ensure administration's behavioral fairness, respond people's natural instinct demand. (2)Standardize administrative power, prevent power from abusing. (3)Offer citizens to participate in, supervise the administrative route, strengthen administration's behavioral acceptability.Chapter two, the condition that the administrative public affair avoids. Avoid condition can also call that situation, reason that avoid, this it is administrative public affair that avoid applicable prerequisite. First of all, I introduce, explain various countries administrative public affair avoid the fixed way of terms, avoid the cause, avoid the range, among them the focal point avoids the cause correctly --Prejudice and stake, have carried on essential analysis. Secondly, through avoiding the careful analysis which stipulates way and range of the condition to various countries, have put forward it to improving the suggestion, suggestion of avoiding the condition of administrative public affair of our country. Especially to avoiding the thinking of the range, have listed seven items and described respectively. Including: (1)Relative's relation. (2)Legal affairs relation or voluntary relation. (3)Participate in the same administrative case in dual identity. (4)Intimate friendship, hostility of disclosing. (5)Have a stake with the party's agent. (6)Accept the treat and gift from party and his client. (7)Reveal all the details clause. Finally, it is analyzed that the administrative public affair avoids the current situations and defects of the applicable condition at present in our country, have put forward the legislative idea of avoiding the condition.Chapter three, the procedure that the administrative public affair avoided. This is concerning administrative public affair avoids the essential assurance that could be carried on smoothly. First of all, I have introduced, analyzed the design program that various countries' administrative public affair avoided, including the proposition, examination of avoidance, these three main respects of the decision of avoidance that are avoided. Then point out of our country administrative public affair avoid legislative defect of procedure, divide into 4 explain: (1)The ones that avoided telling were deficient. (2)Accept the organ, try the organ indeterminately. (3)Determine the way, determine not to do the regulation in prescroption. (4)The successor's determination is not basically stipulated after the government functionary avoids. Finally, having offered the suggestion of improving the administrative public affair of our country and avoiding the procedure, the measure. Point out that should stipulate the procedure that avoided and withdrew by petition by oneself separately, put forward according to avoid roughly, public affair discontinue, decision 4 these checked, avoided to avoid explain. Moreover, propose some procedures of our country sets up administrative public affair and has not " avoid ".Chapter four, the legal consequence that the administrative public affair avoids. This to confirm administrative public affair avoid legal effect and mandatory effective guarantee. First of all, this text has been introduced and explained, the behavioral effect of administration which various countries have not avoided and made. Secondly, have narrated the legal liability of avoiding the government functionary of the administrative public affair of violating. Moreover, it is analyzed that the administrative public affair of our country avoids the legislative defect that the legal consequence stipulates. Finally, offered the suggestion of improving the administrative public affair of our country and avoiding the legal consequence.