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Research On The Status Of Administrative Law Of The Principle Of Exclusive Administration Files

Posted on:2010-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:J J SunFull Text:PDF
GTID:2166360275497912Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administration files exclusive principles discussed are administrative files of the executive administration to decide the binding problem. Modern administrative procedures of democracy by encouraging public participation in program design in the introduction of constraints and confrontation mechanism for parties to participate, selection and quality of opportunities for debate, in favor of the traditional repressive administration responsive to the new administration's transition, it is respect for human rights. Administration files through the whole process of administration acts to conduct a comprehensive records and files in accordance with the Administration to make administrative acts, so that administrative procedures from becoming pure 'formalism "or" off the market. "As the United States administrative law scholar Bernard. Schwaebische Mainz revealed as the exclusive administration files are the core of a fair trial ... ... If you do not this principle, the trial would be turned into a scam. Administration files ranked him the principle of procedural justice as an important manifestation, through the administrative licensing, administrative penalties, such as general administration proceedings, and extended to the field of judicial review, at the same time, higher than the specific norms of administrative law, administrative regulation and control are at the right of administration in the formation of a long period of time, reflect the fundamental values of administrative law, are throughout the Administrative Procedure Act the dominant the core concept and idea. It was on analysis of the principle of exclusive administration files reflects the values of the Administrative Procedure Act (procedural justice), by the Administrative Procedure Act to implement the system and the concrete.China introduced in 2003, "Administrative Licensing Law" Article 48, paragraph 2, states: "the executive authorities shall, in accordance with the hearing transcripts, to make administrative licensing decision." This shows that in our country, the executive can only be based on the transcript of the hearing to decide the facts as found . At the hearing, the administration allowed the executive to refuse permission or decision of administrative licensing, must be displayed in the hearing and has been certified after examination, there is evidence to prove force as the basis of truth, which also must be based on truth contained in the hearing transcript. This is the first time in our country the legal files of the administration to make clear the effectiveness of the provisions of the above provisions did not schedule him the files on the administration of the administrative status of the principle of a clear answer, but no doubt clarify this issue of great significance.For these reasons, combined with China's national conditions and the extra experience, I think Administration files ranked him the principle of our country should be established as the basic principles of administrative procedures. In this paper, comparative analysis and logic analysis, the three parts of our country administrative files to explore the principles of administrative law-exclusive status. This article from the administrative files of the connotation of the principle of exclusive cut, clarify the related concepts, the administration files exclusive function of the principle of interpretation, and administration of our existing files and exclusive status of the principle of administrative law analysis, analysis of the shortcomings of its existence; to analyze the necessity and feasibility, in this Based on the established principles of administrative files and exclusive administrative procedures for the basic principles of our country's proposal, the final provisions of the perfect matching are described.
Keywords/Search Tags:Administration files exclusive principles, The basic principles of administrative procedure law, Procedures for the rule of law
PDF Full Text Request
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