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Administrative Law Industry Association Study

Posted on:2010-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:X C ZhouFull Text:PDF
GTID:2206360302976825Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the crisis of governance, the traditional concept of state administration was gradually break through, the public administration are exploring the development of new roads, to seek a high-efficiency, low cost, adaptability and strong accountability mechanisms more robust the new public administration model in order to meet the needs of social development. In this case, the rise of political reform, along with countries in the deepening of reform, public administration and the gradual emergence of the social trend of development, although the Government to meet the needs of specific social and public needs, the provision of public goods and public services purpose of public administration, but it is not the only agency in government, there is some commitment to the provision of some public goods and public service functions of self-government and semi-autonomous institutions, through their countries to make up for the administration of traditional insufficient to meet the needs of the public. In the West, the reform movement in public administration is seen as a "Reinventing Government", "recycling the public sector" and "new public management" movement. In exploring the road of reform and at the same time, these self-government and semi-autonomous body of administrative law scholars have also become a hot topic.Before the reform and opening-up, our country is highly centralized planned economy model, and the state is the only exercise the powers of the principal, so the problem in our country is even more prominent. So our country starts a series of reforms in the political field and begins to decentralize the public power. However, in our country due to the lack of devolution of power to bear the carrier, led to China's political reform difficult. In this case, the nurturing and development can provide some public goods and public service functions and the semi-autonomous self-government bodies are particularly urgent. Thus, the party and the countries of vigorously developing trade associations and other intermediary organizations, community and hope in order to achieve the future changes in China's governance model for the Government, markets, businesses and trade associations and other governance mechanisms in a market economy under the conditions of interaction and added.With the party and the government's support, In recent years , the trade association has a rapid development in our country, and the status of it is becoming more and more prominent in the management of associations. However, the status of the trade association in the administrative law is still not conclusive, which impedes the healthy development of the trade association in our country. Basing on the predecessor's study and using dialectic and historic analysis, empirical analysis and comparative methods, this paper analyzes the legal status of administrative law and the problem which will be encountered if we build its system in our country.This paper is composed of preface, main text, and conclusion. The main content of it is as follows:Preface .This part gives us a brief explanation about the topics raised in this article and the background of the problem.Text. It is composed three parts. Part one mainly introduces the basic knowledge relevant to the trade associations, including the emergence and development of the trade association, the definition and characteristics of the trade association, and the comparison about the trade associations and the related concepts. Part two makes use of the relevant theory to analyze why the trade association with the rise of administrative law. The traditional governance model because of its lack of governance, inefficiency and corruption and abuse of power by the people's criticism, at the same time determines its closure can not meet its people's increasing need to participate in social management. Theory of public governance can not only make up for the shortcomings of traditional governance model, and its call for more participation in public areas of the main governance to achieve the change from national administration to social administration, in which management the trade association plays an important role. The trade association incorporates the area of public administration, which creates a condition to bring in the trade association into the scope of administrative law. Part three firstly points out that the question of the existence about the role of the trade association in our country, then proves the role of the trade association with the theory of public benefits and the theory of public administration, then compared with the related theory of Germany, France and Japanese, combined with China's national conditions, raising the position of the trade association in administrative law. Part four analyzes the problems that we build a system about the trade associations will be encountered, and put forward the Countermeasures latter, which including the problem of the pattern of legislative to trade associations and a number of specific questions, such as the problem of authorization, the internal dispute resolution issues and the supervision of the trade association, so that we can ensure the healthy development of the trade association.Conclusion is a brief summary of this article, and the purpose of my writing.
Keywords/Search Tags:Trade Association, Public Administration, administrative law, Administrative Body
PDF Full Text Request
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