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Comprehensive Administrative Procedures For Research

Posted on:2008-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:T LiFull Text:PDF
GTID:2206360212985582Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Limited by the idea of conventional manage, it is no problem when the government face the issue of procedure, and many people regard administrative procedure as a measure or a tool to achieve the aim to administrative manage. In 20th century, administrative procedure has become a new hotspot in the fields of legislation and theory research in the developed country.nowadays, U.S.,Germany and Japan,etc,have perfected their theory of administrative procedure controlling and the idea of administrative procedure standard has been accepted by the society. According to the theory of administrative procedure, administrative behavior is composed of material behaviors and procedure behaviors, the principle of administrative law require that administrative behavior conform with material law and procedural law when administration is actualizing specific administrative act. At China, along with cure country by law, the square pushes forward slightly and continuously, the administration method educational circles have already approved the value and the function of the administration procedure theories.The system of Comprehensive administration's enforcing the law is to aim at currently our country government system in the existent lowly efficiency administration management lengthways and horizontal relation self-contradict outstanding problem but put forward of new enforce thelaw a system. Though the system of comprehensive administration enforces the law have various advantages, but, this kind of system isn't perfect in every way. The comprehensive administration enforces the law meet the request that the system must keeping with modern government develops, but it also needs perfect administration law system in the meantime as to it's carry on law rules and regulations——just like the function more strong machine in the machine constructs usually also more complicated and similar.during the experimental unit working, when local governments are from the system construct to a concrete implement process, all or many of them neglected the rules and regulations function of procedure, as a result, The phenomenon which cause "the violence enforce the law", "enforce the law at will"…etc. appear in the experimental unit the work becomes social concern one after another of a little bit hot.Why does the comprehensive administration enforce the law doesn't get the approbation from social people? Investigate its basic reason, We still know shortage to the comprehensive administration enforces, and only Pays attention to entity construction but Have no enough of value on procedure construction.The writer thinks that,on one hand, For promising local government's power to the place business of legal manage, the procedure rule of law should regard the macroscopic rule of law and the administrationlawmaking direct as principle to administration's enforcing the law a behavioral control center of gravity, on the other hand, For protecting administration an opposite person to participate the legal right of administration behavior, we should Strengthen several system construction of the administration procedure and direct that can slice solid protection administration an opposite person legal right as follows:The first, perfect information public system, guarantee all persons' power with opposite administration to know what happened after administration behavior.The second, Perfect tell system, guarantee administration an opposite person to enforce the law knowing what happened of behavior power to its personal administration with germane benefits.The third, perfect elucidate reason system.The fourth, perfect to get around system.The fifth, the establishment listens to certificate system.
Keywords/Search Tags:The comprehensive administration enforces the law, administration procedure, procedure rule of law
PDF Full Text Request
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