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On System Of Administrative Remedies

Posted on:2010-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ZuoFull Text:PDF
GTID:2166360302961425Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In the modern public administration management, administrative acts of government, either specific administrative action or abstract administrative action, all must be performed without permission of administrative power within law. This leads to do harm to private party's right and interests. And then, administrative remedies are born. Dignity of human personality,sovereign rights of people,remedies in right theories,theory of rule of law,human rights' theory and democratic constitution etc., demand that any nation ought to build up legal system of administrative remedies .Administrative remedies, is varieties administrative legal system of general concept that citizen,juridical person or other organizations because of administrative unlawful activities,administrative improper activities,administrative legal practice activities or other administrative legal practice etc that damage to personal right and interests infringement or burdened unequal special obligations, request remedies of country power.A systematical research on administrative remedies theories, to amplify administrative legal system, to improve ideological system of administrative remedies, to uttermost safeguard and ensure people's right and interests, give bring to tremendous directive function, is of great importance.Administrative remedies are a type of solving dispute's mechanism, a sort of administrative legal system, and a system of legal right. It has safeguard and ensure people's right and interests,promote practices of administrative law and keep within bounds of administrative power function. It contains administrative review,administrative litigation,administrative compensation for illegal and administrative compensation for legal loss etc.Western countries of better rule of law, its' administrative remedies, have different characteristics. Our country uses the experience of other countries for reference. Generation of administrative remedies system has characteristic of nature of balance and judicial trend. Development of administrative remedies appear worldwide direction of system,varieties of ways,expansion of scope,basis for code and rational change of criterion.Law of administrative remedies,provides,affirm and assure that citizen,legal person and other organizations' rights and interests are infringed by illegal administrative action improper administrative action or other administrative illegal practice action, take some measures to own in fact or how to realize remedies,such as right, different type of legal norm and legal system .It is comprised of law of administrative review,law of administrative litigation,law of administrative compensation for illegal action,law of administrative compensation for lawful action and other else special law of administrative remedies .At present, administrative remedies law of our country exists a lot of problems, needs improvement in time.
Keywords/Search Tags:Administrative remedies, Administrative action, System of administrative remedies, Law of administrative remedies
PDF Full Text Request
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