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On The Administrative Authority Conflict Resolution Mechanism For The Improvement And Perfection

Posted on:2012-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:J W ZhangFull Text:PDF
GTID:2206330338491590Subject:Law
Abstract/Summary:PDF Full Text Request
Due to the subjective and objective factors, and lack of standardized and institutionalized law, administrative power will produce competence conflicts inevitably in actual exercise process, which has become a common problem in the administrative system of china. The administrative competence conflicts can affect the improvement of overall administrative efficiency, shake up the stability of internal administrative system, as well as destroy the government image. In addition, it will damage the lawful rights and interests of the citizens seriously. Therefore, it is very important to handle administrative competence conflicts effectively and timely. In terms of the resolution mechanism of administrative jurisdiction conflict in china, the provisions are only restricted to single-line legal texts, and they are not standardized and systematic. These articles could not cope with the present increasingly frequent administrative jurisdiction conflict. Moreover, there are some flaws in the methods of solving conflict within the existing system. For example, sector interests can be contained difficultly, low administrative efficiency can exist, the relevant rights can be protected difficultly, and so on.In terms of the academia, they don't pay enough attention to this problem. They do not examine the issue systematically and comprehensively. So, it is unable to guide practice strongly. Therefore, it is one of the inescapable subjects to study how to solve the administrative jurisdiction conflicts in the context of legal administration in our country, which is of great theoretical and practical significance.This paper attempts to discuss the basic concept of administrative competence conflicts, analysis the reasons and social harmfulness though specific cases. Then through comparing and analyzing the measures of resolving conflicts, it points out the insufficient and defect of settlement mechanisms existing. At last this paper attempts to put forward some ideas of the resolution mechanisms of administrative competence conflicts on the basis of our country's basic national conditions.
Keywords/Search Tags:competence conflict, resolution, legalization
PDF Full Text Request
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