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Administrative Rulings Of A Number Of Issues To Study

Posted on:2007-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:L MiaoFull Text:PDF
GTID:2206360185476830Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Huntington contemporary famous political scientist said that a strong executive powers are an inevitable outcome in facing the demands and problems of modern society. Even in the United States such a separation of powers and checks and balances, the executive power represented by the President and its administrative systems is the most important power of three. When people meet problems in social life, the first thing they can think about is likely to solve them by the executive agencies. Although it is associated with our administrative tradition, people may value its advantages in the efficiency and the cost of disputes settlement in today's society. Administrative decisions in this system's advantages are obvious. But scholars concern about it far below other administrative activities, it is already here for the current academic theoretical results out of the rough and made some preliminary recommendations to improve, with a view to draw attention to the administrative ruling system, making them more reasonable legalization.This research is starting with the concept- administrative decisions. It based on the principal means of administrative laws and regulations mandate to the identity of the third party intermediary between the main ruling equal closely with the administration of civil disputes related administrative acts. Clear concept would highlight administrative decisions much more from their own characteristics. Then, seize three important aspects in the process of the administrative decisions: the main, carrying out major research and the implementation of procedures to facilitate administrative decisions at the legal system. Finally, the most important is the legal relief against administrative decisions. This papers which comprehend the merits and shortcomings of all ways provide a currently preferable way. That is the parties should be allowed to choose the Administrative Review Rights for relief, and if the parties choose the way of administrative procession, which will be dealt with specifically in different situation. There are three consequences: Firstly, the maintenance of judgment; Secondly, the decision to withdraw or partially withdraw, and may re-sentence the defendant to specific administrative acts; Thirdly, the parties are given the rights to choose. I expect administrative decisions can play its due role.
Keywords/Search Tags:Administrative decisions, Institutional improvement, Law relief
PDF Full Text Request
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