Avoidance System Of Administrative Law

Firstly, the history from the administrative challenge system, analyzes the implication of the theory of administrative challenge system based on the concept of defining administrative avoiding to explain the legal value of administrative avoid; then examine the contents of administrative challenge system entity, except for administrative avoided; Finally, the research administration avoidance system problems, put forward a sound idea. The thesis is divided into three chapters: Chapter One:Executive avoid the basic theory of law. Including administrative avoiding the historical, administrative avoid legal basis to avoid the concept of executive and administrative challenge system legal value. Section I discusses the history of administration to avoid, evade the system focuses on the emergence, development and current situation; Section Ⅱ discusses the administration to avoid the legal basis and development of any system are dependent on a theoretical basis, there is no theoretical foundation of support, system will become a river without water, a tree without roots, to avoid the system is no exception. Administrative challenge system based on the UK’s "principles of natural justice" and the United States "due process of law," the second principle is the same strain, are "the principles of natural justice"; Section Ⅲ describes the concept of administration to avoid, and evade the civil service and judicial avoid similar concepts such as comparing the two; Section IV deals with the legal value of administrative challenge system, which reflects its openness, fairness and efficiency.Chapter Ⅱ:Administrative avoid legal entity content. Mainly discusses the legal entity administrative avoid problems, by reason of the administration to avoid, evade the analysis process, an administrative challenge system exception. Section Chief avoid combing reason, the reason for the withdrawal of the existing principle by type of divide and analysis; Section Ⅱ discusses the administrative procedures to avoid, focusing on the administrative procedures, including avoidance of self-avoidance, evasion and instructions to avoid applying the three standardized procedures to explain the hierarchy between them. Section III for the actual administrative challenge system, an administrative challenge system exception.Chapter III:Administrative avoid major legal defects and improving. This chapter on the status of administrative challenge system analysis to find out the existence of administrative law challenge system defects, and then put forward a sound system of administration to avoid the idea. Section on the status of administrative challenge system analysis; Section of Administrative Law Imperfection avoidance system; Section for the administration to avoid the main legal deficiencies, put forward a sound measure of administrative challenge system.