Study On Administrative Official Evasion

The administrative official evasion system in the administrative law domain is one kind of important procedure controls of the power mechanism, it has vital significance towards the safeguard on fair control in administration authority. Since the 20th century, developing with the whole system on procedure of the administrative action, the government pay great attention to this aspect. The evasion system was taken by many national administration procedural laws. But in our country the concerning system is not a mature one. In the fundamental research domain, although some administrative laws are discussing evasion topics, the essays is only restricted in introduction of the overseas correlation system. Although our country presented many laws during the past years, the laws and regulations were all varying among the degree of stipulating the administrative official evasion system, summarizes brief only. But it is obviously that this system is due to be constructed. Even stipulated in the programming, the entity system, the multi-senses of principle had not been operational and pointed our till now. With difficulty in reality utilizes, the further consummates of this system from the law is already imperative. At present, the majority of countries in the world, the system is perfect situation, our administrative official evasion system has many problems actually. To conduct the concerning research thorough system of administrative official evasion system has great significance both on theory and practice as far as this relative weak link is concerned.This article firstly discussed the administrative official evasion elementary theory, and then introduce the comparative analysis overseas and the relative ideas in Taiwan island and Macau area, together with the practice system, as well as the enlightenment to our system. The second step is thoroughly analyze the present administration official evasion system base on the searched situation presently, including the malpractice and the origin, and finally propose the corresponding measure to our administration official evasion system consummation. The paper is divided into four chapters:Chapter 1:the general theory about administrative official evasion. In this chapter I had first expounded the administrative official evasion implication, then elaborated the administrative official evasion rationale, its legal principle theory of law foundation for the natural principle on just and the right legal proceeding principle, its sociological foundation is a theory of human nature, elaborated the significance which has towards the administrative official evasion establishment and the implementation. I had also pointed out the administrative official evasion value.Chapter 2:the theory that overseas and that of Taiwan island and system of Macau area in practice and enlightenment. This chapter showed countries or area as Germany, Portugal, USA, England, Taiwan, Macau, as examples, the reason of administrative official evasion, the procedure administrative official evasion and the legal consequence administrative official evasion are the three aspects had been studied in the administrative official business evasion system thoroughly, so as to obtain assistance to our country administration official evasion system in legislation and the practice.Chapter 3:the present inspection in administration official evasion system. This chapter firstly introduced ancient times of our nation on the administrative evasion system. This chapter first introduced our country ancient times the administrative evasion system production and the historical development, next from legislated and practice two aspects to carry on the analysis to our country present administration official evasion system present situation, thus pointed out the malpractice of our current administration official evasion system, then elaborated the malpractice origin..Chapter 4:our country administration official evasion system consummation. The paper realizes from the legal proceeding consciousness enhancement and the consciousness of citizen to the production of unification administrative procedural law, provided the legal foundation. The system for the administrative official evasion system consummation has profited from these three aspects and then point out that our administration official evasion system should consummate the advantages, proposing the present administration official evasion system consummation and lead to legislate and enforce the law two aspects to complete it.