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Research On The Nature Of Executive Power

Posted on:2012-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:H HuangFull Text:PDF
GTID:2216330338459369Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Executive power is the core areas of administrative law, to study the nature of executive power contribute to the cognitive theory of administrative law to help clarify the boundaries of executive power to help the construction of service-oriented government. Of executive power in the long-term study of the concept to concept, the lack of an overall grasp of executive power, which in theoretical research and system default is biased. Only a comprehensive grasp of executive power and the flow in order to deepen understanding of executive power, executive power to make laws on the design of the system arrangement.The author in the introduction of the executive power and the relationship between administrative law theory, the theoretical basis of administrative law has made in-depth analysis, by observing several mainstream theories of administrative law that any theory can not evade the executive power, the theoretical basis of any administrative law not out of control rights, services, two important point, and only in the context of executive power between a good grasp of the Chief Executive power to jump out to look at citizenship, building a harmonious administrative legal order must first make good use of executive power regulation.In the second part of the author defines the concept of executive power, executive power that many scholars on the concept and the concept is the lack of comprehensive understanding of executive power, each defined biased. In academic research the concept of executive power, is the management representative said that the implementation of the right to say that the right combination of management and implementation, said that the implementation of the right combination of features, these definitions are only the executive power in a stage performance, lack of to summarize the whole picture, only to seize the executive power in history, from the perspective of the executive power to examine the evolution of executive power to see the whole picture.In the second part of the author defines the concept of executive power, executive power that many scholars on the concept and the concept is the lack of comprehensive understanding of executive power, each defined biased. In academic research the concept of executive power, is the management representative said that the implementation of the right to say that the right combination of management and implementation, said that the implementation of the right combination of features, these definitions are only the executive power in a stage performance, lack of to summarize the whole picture, only to seize the executive power in history, from the perspective of the executive power to examine the evolution of executive power to see the whole picture.In the fourth section the author analyzes the modern executive power, as the transformation of the modern administrative power is changing and developing, the Chief of negative, positive discrimination to clarify the Chief Executive of the border and then there is the need for executive power negative and positive growth of executive power, Finally wary of executive power variation, the executive power of the executive power of alienation is the greatest harm. I believe that the positive growth of executive power is the good governance of modern executive power to a point, a positive expansion of executive power of transfer from the original service, active service administration become a trend of the times.In the conclusion I believe that the executive power is difficult to define, but the executive power can be described, the executive power is a management, law enforcement, service triangular structure. The characteristics of the face of executive power, controller is essential purpose of the service-oriented, service citizenship. Perspective of Administrative Law to expand the research to solve the contradiction between the executive power and civil rights, construction of a harmonious order of administrative law.
Keywords/Search Tags:the executive power, active administration, passive administration, active executive power, negative administrative power, controller, services
PDF Full Text Request
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