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A Case Study Of Administrative Enforcement Dispute

Posted on:2011-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:J M JiaoFull Text:PDF
GTID:2166360305465901Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative coercion is a very important conception in the field of administrative law's research. Besides, it also is one sort of administrative acts. On the one hand, it plays a very vital role in effective operation of administration authority, maintenance of social order and public interests. On the other hand, coercion if improperly used, it is very easy to infringe on the legitimate right of the executive relative. Because our country's administrative coercion has no uniform corpus juris, our administrative coercion system lack unified religious system, several basic theoretic and practical problems have more controversy in theory. Through the use of case studies, literature search, logical analysis and other methods, the author conducted a detail analysis on the Sky Blue Ads Center v. Lanzhou City Management & Administration Execution Bureau administrative enforcement dispute, put forward some basic suggestion to improve our administrative coercion system, wish to help constitute uniform administrative coercion's sorpus juris in the future.The body of this paper is divided into three parts. The first part introduced cases and the proceedings, summed up the focus of controversy of the case. Lanzhou City Management & Administration Execution Bureau forced remove of billboards set by law, and administrative proceedings brought by the Sky Blue Ads Center was still unsuccessful after two courts. Controversial issue of the two sides was whether the administrative coercion settings, measures, procedures and remedies compliance with the law. The second part analyzed the case from administrative coercion settings, measures, procedures and remedies. The third part put forward specific measures and suggestions, such as regulate of administrative coercion settings, standardize administrative coercion measures, sound administrative coercion procedures, improve administrative coercion remedies.
Keywords/Search Tags:administrative coercion, set, measure, procedure, remedy
PDF Full Text Request
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