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Administrative Subject Theories Of Construction,

Posted on:2004-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiuFull Text:PDF
GTID:2206360122460503Subject:Law
Abstract/Summary:PDF Full Text Request
Although the concept of the subject of administration is imported goods, it has attracted much attention of the field of studying. Since its first show-up in china, this is because of its catering to the legal perspective & its even more generation. Our distinctive administrative subject theory is built up on the basis of this concept, and it is an important part in the study of administrative jurisprudence. Administrative subject theory is one of the basic theories of the science of administrative law. Theoretically, it makes the administrative jurisprudence which is based on the administrative subjects coordinately & unified avoids the disorder in logic and theory, and plays an guiding role in the forming of the system of administrative jurisprudence theory, systematically, it clarifies the legal relation among all subjects who actually exercise the administrative power, and through that it establish an theory foundation for the recognization of the effect of the administrative act. The defendant in administrative litigation, and the belonging of the administrative responsibility. In the premise of agreeing to the theory of administrative subject, this article discusses the parts which the theory didn't mentioned and some defects it reveals during its performance by analyzing its original purpose and meaning in a self-control way. Meanwhile, the author advocates that we should combine the theory with the reality of social reform. Standing on the ground of sensible distribution of administrative power and together with learning from the experience of western country.The first part of this article is about the study of the background of the theory's show-up in our country .our experts in the field of administrative jurisprudence studied the party who exercise the public administrative function in administrative law by choosing the administrative office or administrative organization as a thread, and by which they organized their exploration and discussion on the administrative subjects and administrative organization law and regulation. Because the studying angle proves to be defective in describing and explaining the current systems, and the system of defendant of administrative litigation demands explanation in theory, scholars have to introspect, the suggest a new way of thinking in the field of jurisprudence vision to study the party who exercise the public administrative function in the view of subject. Standing on that ground, the concept of administrative subject imported from outside was eventually transformed into an administrative subject theory of our own. compared to other countries, ours is not just an explanation of administrative subject is defined as an administrative legal pe;son who can exercise administrative activities in his own name and undertake the leaal responsibility that the activities may bring to him as well. Administrative offices and other organizations authorized by law and regulations both belong to the group. The theory of administrative subject has played an important role in the progress of administrative jurisprudence and the development of administrative litigation system. However, scholars didn't fix its position properly when it wasimported, as a result, this theory revealed its inherent defects day by day. and can no longer meet the demands of development of society.The second part is an introduction of the western countries' administrative subject theories and a comparative analysis between two parties. The theories in western countries are related to the administrative subject system, it is an explanation of some relevant contents of the system, and also constitutes the administrative subject system is never separated from the administrative democratization or power distribution, not only in German and Japan of roman legal family, but also in UK and USA of British legal family. All of the theories emphasize the unity and harmony of the administrative organization. As a basic unit of the administrative organization, administrative subject, meanwhile, the t...
Keywords/Search Tags:administrative subject, administrative power distribution, transmutation, completeness
PDF Full Text Request
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