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The System Of Administrative Enforcement Of The System Of Research

Posted on:2006-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:C S ZhangFull Text:PDF
GTID:2206360155461282Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative compulsory execution is an important instrument in national administration . It also conduce to the abuse of power and infringement on human rights easily. With the implementing the policy of management in terms of law to build social country, the study of administrative law enters into a thriving period. Administrative compulsory execution is an important part of administration. In china, since the beginning of the study of administrative law, the problem of administrative compulsory execution has been paid much attention to by theorist. Yet as to what is administrative compulsory execution, the academic field do not have agreeable opinions, the debate is concentrated on the body, the ground of the compulsory execution, and they can not agree on the relationships among the compulsory execution, the executive regulations, compulsory executive action and instance performance. Our compulsory execution is similar with the judicial-dominated pattern of us in which the court is requested to enforce the execution while it is an exception for the administrative agency to perform. There are great disadvantages in this pattern. It is not good to improving executive efficiency and contradict to the principle "litigation does not affect enforcement" Besides, it confuses the enforcement power of the executive and courts. Inadequate legal duty and duty-seeking system also do great harm to this model. Moreover, in the legislation and practice there exist other great problems, such as lack of consistent legislation, the disorder in enactment of executive process, no basis principles to guide and adequate measures and process. The thesis is based on the research accomplishments abroad and domestic, which is to make comparative analysis of administrative system and the related theory. The author tries to explore the theoretical framework of administrative system through the comparisions of concept, power and main body, procedure and remedy. This may contribute to the legislation and enforcement of administrative law. The essay set up the hitting point on administrative enforcement and projects the tentative idea as follows; administrative enforcement power would regress administrative organ, and set up the enforce system ofadministration leading. At the same time, the thesis reveals the achievements in the aspects of theory and system, which analyzes the theoretical problem. Maybe this thesis will provide some guidance for the reformation. The whole thesis is made of three parts: foreword, test and conclusion. Foreword introduce the reasons of topic chosen and method of research.Part I gives an overall introduction of administrative compulsory execution in terms of the concepts, characteristics and theoretical basis. It explores various cognitions and understandings of administrative compulsory execution in different countries, which are based on the different value systems towards democracy and efficiency. In Part II, the author discussed the nature and the present situation of the power of administrative compulsory execution and move mechanism of the power of Administrative Compulsory Execution. By comparative analysis of the properties and establishment of administrative compulsory execution, procedure for administrative compulsory execution and relieve of administrative compulsory execution etc. Bringing efficiency and just of modern idea of rule by law together. Scientific scoping administrative power nature of administrative compulsory execution. Part III puts forward the tentative idea to increase the power of enforcement body according to the advantages and disadvantages of administrative compulsory execution in different countries. First, it analyses the problems which exist in the model of Chinese administrative compulsory execution, through theory and practice; Second, it analyses the reasons for the problems of the model of Chinese administrative compulsory execution. Finally, owing to the analysis of the present situation, the author tries to suggest that we should draw and absorb the advanced law system of foreign countries, and build new system to adjust china's situation and practical requirements.
Keywords/Search Tags:Administrative compulsory execution, power of administrative compulsory execution, efficiency and impartiality, the pattern of compulsory execution
PDF Full Text Request
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