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The Study On The Administrative Procedure Reason-given System

Posted on:2010-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:C H TangFull Text:PDF
GTID:2166360275468645Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the constant deepening theoretical research in china' s administrative law, the value of administrative procedures has become an increasing concern of the scholars. As an important legal system of the administrative procedure, the administrative procedure reason-given system plays an important role in the control of executive power, the prevention arbitrariness of executive power, and the protection of administration legitimate rights and interests of the relative person. To study the system is not only of great theoretical significance, but also of great practical value.This paper uses the analysis and comparison methods. It studies the general theory of the administrative procedure reason-given system, explores the flaws in it and the reasons for the flaws, and tries to establish the model of administrative procedure reason-given system in our country by drawing lessons from foreign relevant provisions.The thesis consists of four parts:The first part defines the internal regulations of the system and its external requirements and introduces the process of its legalization, the theoretical basis and the value positioning by analyzing the general theory of the administrative procedure reason-given system. The second part provides an outline of the current situation in our country' s system, pointing out its shortcomings and their reasons. The third part introduces what the developed countries of western administrative procedure act, such as the United Kingdom, France, Germany regulate in this system, drawing some lessons from them in order to get some profits to establish our own system. The forth part explores how to improve the system , tries to choose a suitable legislation of China' s special national model, and attempts to construct the system-related basis.
Keywords/Search Tags:Administrative procedure, The duty to give reasons, Completion of the system
PDF Full Text Request
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