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Administrative Proceedings The Defendant Eligible Study

Posted on:2009-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:S M HanFull Text:PDF
GTID:2166360242990738Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Defendant's qualification of administrative is a major administrative proceedings by the defendant should have the legal conditions. According to China's existing legal provisions, administrative proceedings the defendant eligible for the executive and the scope of laws, regulations, rules authorized organizations, the defendant will also be eligible administrative proceedings equivalent to the administrative subject. Administrative standards to define the main administrative proceedings the defendant has significant shortcomings, mainly as follows: the concept of the "lawsregulations, rules authorized organization" was not standardized; too narrow scope of the relief; the rules confirmed the administrative defendant are too bureaucratic, which caused the administrative defendant too complex; related to the Administrative Procedure Law supplementary explanation is not in place; ignoring the unique value of the Administrative law. The reasons that caused the defects of Administrative defendant are as follows : weak legal concept;not straighten out the relationship between the administrative subjects and the administrative ,defendant for "legislative authority" to define standards for administrative proceedings the defendant caused the defendant eligible extraordinarily complex; "Independent property" defined administrative proceedings the defendant eligible administrative proceedings do not meet the special responsibility of the commitment, and this can not be effectively defined the standard administrative proceedings the defendant. Therefore, we must improve our administrative proceedings as soon as possible for the accused. Perfect responses: procedures for the rule of law consciousness of citizens. Procedures for the rule of law through theoretical and practical problems in the study, focus on education in law procedures awareness campaigns, including establishing procedures to civic concepts, enhance civic awareness of the procedural law; to the public authority as defined standards of conduct administrative proceedings the defendant eligible scope of the fundamental standard. Include: Separation of the main accused and administrative litigation, the relationship between the actors and the establishment of administrative proceedings the defendant's association; will exercise the executive powers of the administrative proceedings actors as defendants in the clear provisions of the Administrative Procedure Law in the special circumstances of the actors The defendant eligible expand the scope of administrative proceedings the defendant, identified with the public corporations for the defendant. Clearly defined corporate welfare, trade associations, self-government organizations and other public legal persons on the specific circumstances of the defendant eligible administrative proceedings; improve the administrative organizations standardize administrative bodies in the establishment, such as the terms of reference of the relevant provisions...
Keywords/Search Tags:Defendant's qualification of administrative, Administrative subject, The main public power, Public Corporations
PDF Full Text Request
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