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Study Of The Basic Theory Of Abstract Administrative Acts Oversight Mechanisms

Posted on:2006-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:D Q CaoFull Text:PDF
GTID:2206360155960986Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
There are different understandings on connotation of abstract administrative act. In my opinion, it is a special kind of administrative action on universal objects, exercised by authorized administrative organs in compliance with the relevant jurisdiction, scope, condition and procedure prescribed by law. Not only the substantive content but also the procedure of it need to be supervised. Abstract administrative actions can be classified from different angles, different kinds of which should be supervised in different approaches. In light of the principles of administrative act by law and safeguarding the legitimate rights and interests of citizens, we should strict the supervision on abstract administrative acts which should be acted in legal and proper forms. The principle requires not only legality and property of the substantive contents but also legal subject and procedure for administrative acts. The governmental act should keep in legality and property of form, unity of power and duty, and they should subject themselves to supervision. Administrative acts should work in coordination with citizen's rights which are easily effected by them in constitutional and administrative fields respectively. It is necessary that the rights and interests of citizens can be founded in the substantive contents. The citizens should also have the rights to participate in the process of administrative acts and proper approaches to seek remedy when they are infringed on. The reestablishment of system of supervision on abstract administrative acts should adapt to constitutional framework, accord with the character of supervision powers and meet a certain value of justice and efficiency. There are similarity and difference in constitution system between China and the countries in the west. We should take dialectic absorption, exploit to the fully favourable conditions and avoid unfavourable ones to the systems. There are different characters and functions for judicial power, reconsideration power, legislative power and the power of review of constitutionality. There are different functions for supervision system, review system or litigationsystem from which we should choose proper ones with right subject and procedure. The whole system should be organized according to the requirements to pursue the maximum of the value of efficiency and justice. There are verifying and coordinate approaches in the system of supervision on administrative actions abroad .Compared to them, in China, the approaches of supervision are not enough ,the existing procedures need to be standardized and the approaches to be coordinated with each other.There are some suggestions as following: I. Administrative acts should be fully put into the system of reconsideration, in which the organ should maintain independence. The system of reconsideration and administrative procedure should be coordinated with each other. II. The scope of accepting cases in administrative procedure should be reestablished in the light of the standard whether or not the rights of citizens be effected, According to which the rights of citizens can be fully safeguarded and protected. The accepting scope of administrative acts should be fixed according to it. III. The system for regulation reviewing should be improved into a constitutional litigation system, which should be coordinated with administrative procedure, to ensure the ultimate realization of effective supervising on administrative actions. IV. The general approaches of supervising administrative acts, such as institution of administrative legislation and , should be developed to accept more views from masses ,to ensure effective supervision on administrative acts.
Keywords/Search Tags:abstract administrative act, supervision system, value, functions
PDF Full Text Request
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