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On The People Of This Concept And Administrative Law

Posted on:2009-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:G M ZhuFull Text:PDF
GTID:2206360245496560Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
As a learner on study of administrative law, I felt deeply that China's law process is constantly advancing, and "people-oriented" as a new concept of the rule of law is being accepted and respected by the people. However, China still exist concept errors and system flaws in the people-oriented administrative law issues. What is the people-centered and how to distinguish the difference between administrative law and people-oriented concept? How to implement the administrative law of people-centered concept into the actual situation. This paper attempts to conduct research on these issues.This paper is divided into three parts.In the first part, we affirm the idea of people-oriented in traditional Chinese and Western culture by analyzing the definition of people-oriented. Then the author proposes the view and the limits of idea of people-oriented according the explaining of people-oriented idea in modern meaning. Secondly, I analyze the relationship between concept of law and idea of people-oriented. From a philosophical and legal point of view, the paper puts forward the concept of law and the idea of people-oriented into theory conduction. Again the paper proposes the necessity of idea of people-oriented in the system of administrative law.The second part is mainly dissertation on actuality in construction of administrative law about idea of people-oriented. The first is that the idea of people-oriented in the legal system is implemented, followed by the people of this concept of the legal system lacks the impact of the analysis, there are five points: First, it is brutal arbitrary law enforcement. Law enforcement is the second indifference and it lack of services Consciousness, ignored public opinion; Third, violation of the principle of proportionality is the fact . Fourth is the relative rights of relief difficulties. Fifth, law enforcement based on imperfect eventually leads to damage of civil rights.The third part of the article in the legal system on how to further strengthen and implement this concept. The author puts forward some ideas (A) Establish invalid principles in violation of administrative law in the interests of the trust provisions. (B) Introduce the principle of due process in administrative law. (C) Affirm the proportion of the statutory principle. (D) Implement the principles of convenience in the relief system. (E) Establish and improve the public participation in the legislative system. The epilogue of this paper affirms China's current process of development in administrative legal about idea of people-oriented.
Keywords/Search Tags:Administrative Law, Idea of People-oriented, Relation, Actuality, Proposal
PDF Full Text Request
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