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On The Administrative Control Behavior

Posted on:2010-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2166360275460674Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Control the origin of the earlier acts and to maintain order because of its good effect, become a basic system of administrative law. Its core is the emphasis, in some cases, part of the rights of the individual limit, so as to achieve overall benefit of the community or the rights of others or the purpose of perfecting. On the fundamental right to say that it is a measure of the selection after the act. After the long-term development, it has gradually infiltrated into the current society in all spheres of life, extensive application of vitality shown is that it acts as an effective balance between society, individual rights of others and regulating valve. It should be said that therefore, control the conduct of the social management of the use of higher frequencies, the results are better, the larger the scope of application of an administrative act.However, because of control for the civil rights acts, in particular the right to freedom of limitations, rather as a violation of state power, in the course of its operation is prone to arbitrary situation of civil rights violations. Although a long time, the administration has, in particular the expense of civil rights such as the cost of enforcement, punishment and other acts carried out in-depth research, and formulate laws to regulate, but to regulate behavior, because of its dual property of actors, control behavior, as well as in most cases only acts as a pre-administration of other means, not only vulnerable to neglect, but also are less subject to research. With our country improve the level of democracy, rule of law, and with the emergence of more complex and volatile situation, more and more control behavior of the many cases be implemented to strengthen the act to regulate civil rights and to study the damage is particularly necessary. Control behavior in the current study is also a key issue, in the face of social management system reform, administrative functions, someone hope that through the transformation of opinion control behavior, up from the act shall act to change the nature of control. This opinion may be able to operate in line with current practice, but on the nature of administrative behavior to explore whether such a departure from the opinion of acts intended to create control? Time can be restricted in other areas to ensure that the control acts to play an active performance of double-edged sword at the same time, does not it show it's a violation of civil rights? It is for this article from the acts on control-oriented behavior, and its from the generation, implementation, evolution and limitation of research and so on. Article in order to control the origin and significance of behavior as a starting point, from theory to practice in accordance with the level of control behavior on the property, as well as analysis and verification run, the end of the tube acts to limit the possible move. The full text is divided into four parts:Chapter behavior control system for a preliminary reading. First of all, the introduction of the control system for the emergence of behavior is the development process. Then, act on the control system at all between the different legal systems and the scope of the concept were described separately. This is mainly a system that acts to regulate a wide range of application, and is the rule of law in modern society for the establishment of an orderly society and the creation of the implementation of a basic administrative legal act discussed below. Finally, a brief analysis of the proportion of our current research and practice the principles of the status quo.The second chapter analyzes the behavior of administrative control system of administrative law at the specific location. Since the main control of the criminal acts of the double property with the administration and control their own behavior, forms of behavior easily confused, and made clear through the analysis of the first acts of the administrative act to regulate property. Secondly, through the law of classical logic analyzer, the administration immediately launched a mandatory feature of step-by-step through one-to-one to determine control of the property acts.Chapter III discussed from the practical point of view the operation of control arising from acts of mandatory service requirements and property conflicts. On the one hand, our country because of the long-term administration by a single theory, creating a management control behavior in society to play a role in the course of the monotonicity, the Service in the current administration of the new form, the control acts to operate in practice face a growing number of questioning and challenges. On the other hand, excessive emphasis Service property control behavior, but also allows control acts happened fuzzy nature of the act itself, acts to regulate the conditions of use have a greater say are arbitrary or random. Therefore, in a mixture of these two contradictory, through a series of thinking, an analysis of the current control acts of our country's position as the existence, structure model, the pursuit of value, as well as all aspects of the status of the status quo as well as the disadvantages and vulnerability. And put forward for the next part of the bedding set.Chapter IV from a relatively micro level discussed the principle of proportionality in the conduct of the control constraints and the rights of citizens to carry out the feasibility and specific relief operation. It should be said that part of conduct are discussed in this article for the control of a natural extension. Through the second and third part of the discussion on control behavior is a fundamental right for citizens of a particular restriction and deprivation. The so-called "no-no right to relief, a complete system for the establishment of an administrative act should not lack of power constraints and the right to relief. First of all, through a certain proportion of the value of the principles of analysis are the right balance between power and control and select the best overall assessment of behavior, followed by the adoption of specific implementation of the system to control behavior of the restrictions around that part of the main ways to control behavior with the relative severity of the extent of people's behavior, as well as to adapt to damage dealt. From the entities and procedures carried out at two levels, focused on the behavior of the current control to improve all aspects of the measures.
Keywords/Search Tags:Administration control, Theoretical Analysis, Practice Treatment, System Design, The principle of proportionality
PDF Full Text Request
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