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The Research On Justice Of Administration Law Enforcement

Posted on:2010-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y DongFull Text:PDF
GTID:2166360275499232Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Justice of administrative enforcement in our country has become a constraint to further enhance the level of administration according to law an important factor, by all levels of government attention. At the same time, because it related to the management of the vital interests of the relative who is also a growing concern from all circles of society. ? This article on the issue of the analysis and discussion of the article is divided into four parts.The first part of our administrative law enforcement summary justice graduate. First of all, were the "administrative law" and "fair" to define the two concepts and the consequences thereof for administrative law enforcement and fair analysis and elaboration of meaning. In this article on "administrative law" concept used in a broad sense, the concept refers to the state administrative organs of law enforcement and implementation, including the entire administrative acts. Then, from the requirements of substantive justice and procedural fairness requirements of two perspectives on China's just the reality of administrative law enforcement needs a detailed analysis. Finally, the study of and described the significance of administrative law enforcement and fair.The second part is the administrative enforcement of foreign justice system theory and synthesis, mainly administrative law enforcement on foreign sources of justice and institutional development theory condition statements and analysis. First of all, on the administrative law enforcement authority to impose restrictions on the theory and formulation system, including administrative law enforcement authority to impose restrictions on the concept of "the principle of natural justice," or as "principles of due process" and foreign relatively mature and complete judicial review of the system of three parts introduced. Secondly, on foreign constraints of administrative power system characteristics are summarized, including judicial review of the specific characteristics and features of procedural justice system. Finally, the main administrative law enforcement in foreign countries to achieve just the state of administrative law enforcement inspection, mainly from the executive and legislative, administrative processing, administrative procedures and the internal administration of several aspects of behavior.The third part is the impact of China's administrative law enforcement and the reasons for the problem of justice. In China, the impact of the process of administrative law enforcement of administrative law enforcement and just the main issues include: a fair awareness of differences in law enforcement, administrative law enforcement system, the executive and the legislature leaves much to be desired. Leading to the main reason for these problems include: the concept of administrative law enforcement unclear, such as binding on the executive than the main body of the executive relative binding, law ? enforcement and disorderly state of the impact of procedural safeguards functions, administrative law enforcement procedures exist values deviation and other reasons; administrative law enforcement poor, such as human interference, money interference, bad social practices interfere with other social factors; administrative law enforcement supervision of the reasons, such as the relative independence of supervision over law enforcement, lack of protection, monitoring process formalism of serious flooding and so on.The fourth part is to solve the problem of administrative law enforcement just ideas and suggestions. Papers for the third part of the author described the impact of China's administrative law enforcement impartial factors, combined with the second part of papers of foreign administrative law theory and the system of justice can be part of reference put forward to improve the executive and the legislature as the prerequisite and basis for establishing a scientific the concept of administrative law at the core, strengthen the supervision system for the protection of the three proposals and ideas to resolve the problems of China's legal system, administrative law enforcement in the process of justice.
Keywords/Search Tags:Administration
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