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About The Legal Control Of Administrative Discretion On Fire In China

Posted on:2011-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:Q CaoFull Text:PDF
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The rational use of discretion not only relates to the efficiency of supervision and management of fire for the legitimate interests of the efficiency of supervision and management of fire, also relates to fairness and justice and the rule of law goals. In practice, the Fire Chief discretion by the nature and uneven quality of law enforcement officers for two reasons, to fire the executive discretion is always the risk of abuse exists. Therefore, in recognition of the presence of fire administrative discretion, while reasonable, effective through the design of the system of its regulation, to play its active role, limiting the harm, will help promote the standardization of building fire law enforcement.This administrative discretion in domestic and abroad on the basis of control theory, combined with the fire supervision and management practices, use of the comparative method, standardized research methods, empirical research methods, analysis of the Fire Chief the discretion of the existing form, character and its the need for control,introduction of extra-territorial state administrative discretion on fire control, and then analyzed on fire administrative discretion and lack of control of the situation, and finally put forward a sound discretion on fire administrative control recommendations.The author advocate in compliance with the principle of legality, the principle of rationality, the principle of stare decisis, ordinary rational principles, the principle of minimum harm on the basis of such principles of law, including legislation to establish a control, judicial control administrative control,social control systems, including discretionary control system, which fully and effectively regulate the operation of the Fire Chief discretion.
Keywords/Search Tags:fire control, administrative discretion, legal control
PDF Full Text Request
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