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Theory Of Reconciliation System In The Application Of The Administrative Compulsory Execution

Posted on:2013-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhaoFull Text:PDF
GTID:2246330374999820Subject:Constitution and Administrative Law
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With the construction of administrative legal system of China ’s development andthe consummation, administrative relief legal system and administrative remedy theorymore complete. Any administrative action can be through letters, appeal, apply forreconsideration, filed a lawsuit against, and ways and means to seek corresponding relief.According to the" State Compensation Law", also from the economic angle for countriesto fill the damage liability. This a series of relief mechanism is ceaseless and perfect, thefundamental purpose and mission is to ensure that the legitimate rights and interests ofcitizens, correction of illegal and improper administrative actions. Of course, given therelevant mechanisms are not perfect, so it is necessary to further discuss the protection ofcivil rights of way, the author from the protection of private rights, the balance betweenpublic and private interests perspective, analysis of the administrative compulsoryexecution reconciliation system in existence value. In this paper, the main content isdivided into three parts:The first part, administrative compulsory execution reconciliation system overview.This chapter through to several different concepts and similar execution reconciliationsystem contrast analysis, defined the compulsory execution reconciliation system concept.And further from the theoretical basis and system defects of two aspects as thereconciliation system construction provides academic support.The second part, administrative enforcement in the establishment of reconciliationsystem background and feasibility. The author thinks that the administrative compulsoryenforcement situation, the construction of a harmonious society and the development ofadministrative law concept of value is the reconciliation system comply with healthbackground; while the" harmony" thought, no song ideas on public influence characterby environment effects and continuous improvement system for reconciliation programprovides space; through to the relevant administrative system analysis on China’s systemconstruction for reference, provides useful reference.The third part, China’s administrative compulsory conciliation system. This chapter seeks to China’s establishment of reconciliation system design improve the runningprogram. First, from the macro analysis of the reconciliation system basic principle, andthen from the applicable cases types and basic requirements of reconciliation systemapplicable scope is limited, and the design of the settlement system, the specificoperation procedure, finally to violate settlement of the relief mechanism put forward thetentative idea.
Keywords/Search Tags:reconciliation system, relative to the human rights protection, balanceof interests
PDF Full Text Request
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