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Improve The Responsibility System Of Administrative Law

Posted on:2007-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y FengFull Text:PDF
GTID:2206360185982207Subject:Law
Abstract/Summary:PDF Full Text Request
Running the country in conformity with legal provisions is the basic general plan for administering the country, whose heart is administrating according the country. To realize it, we must guard against or correct transgression of the law or improper administration, which rely on the amplification and improvement of administrative legal responsibility system. Influenced by the ideology of "ruling by men", all the time, administrative legal responsibility system is not perfect and do not play proper role in guarding against or correct transgression of the law or improper administration, as well as the protection of legal rights and interests of administrative relative party. The paper analyzes defects and the difficult position of administrative legal responsibility system based on our reality. Using valuable experiences of foreign, the author put forward suggestions on the development and improvement of administrative legal responsibility system. The paper is divided into four parts:Part one is about the basic theory of administrative legal responsibility. On the basis of defining its concept, the author discusses its features, important component conditions and functions in order to get macroscopic understanding.Part two is about the status of our administrative legal responsibility system. Through the exposition of the legislative status of our administrative legal responsibility system, lay foundation for the analysis of defects in our administrative legal responsibility system.Part three is the analysis of defects in our administrative legal responsibility system. In light of cases, analyze defects in our administrative legal responsibility system, the defects include: 1st, the imperfection of investigation mechanism on civil servants'; 2nd, lack of definite regulations on the responsibility of illegal abstract administrative acts; 3rd, lack of spiritual compensation for administrative tort; 4th, lack of effective judicial control of administrative discretion; 5th, excluding harm caused by public facilities from administrative compensation; 6th, the imperfect of administrative supervision, and the supervision can not play proper role; 7th, lack necessary relief for the persons who take administrative legal responsibility.
Keywords/Search Tags:administrative legal responsibility, status, defect, perfect
PDF Full Text Request
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