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Construction Of Administrative Corruption Prevention And Control Mechanisms

Posted on:2013-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:L TangFull Text:PDF
GTID:2246330377955761Subject:Constitution and Administrative Law
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Corruption is our theory of the industry’s hot issues, by administrative corruption, but also the difficulties in the real world. At present, the issue of corruption generally classified into political issues, this article will be the most serious corruption of administrative corruption in order to study the perspective of administrative law. Paper that is the subject of study, combined with other countries is relatively mature administrative corruption prevention and control mechanisms, prevention and control of administrative corruption issues were discussed. This paper is divided into five chapters.The first chapter on the definition of the concept of administrative corruption and the composition. The concept of administrative corruption, the current theory of administrative law in our community has not yet been finalized. I will be the concept of decomposition from the corruption out of and in accordance with its own characteristics have been summarized, and its characteristics are subject-specific, the object of direct, objective aspects of diversity, the severity of harm.The second chapter on administrative corruption prevention and control mechanism theory. Controlling the main theory and public choice theory of self-administration component.Administrative law controlling the controlling theory is based on the expansion of power and abuse of position, advocated to control, limit the executive power to prevent its abuse, as the British administrative law scholars of administrative law, as did generalization:"administrative law involved is used to control and limit government power laws of the Chief controller of the modern administrative law as important values, all countries will restrict government power as a key. common law countries, established a parliamentary sovereignty, government law, ultra vires and null and void and the state responsibility system and the French administrative law established the administration of public services and administrative activities of the legal principles controlling the different ideas the traditional concept of controlling administrative body from the perspective of the dominant position, based on the administrative body and administrative position of relative inequality, to control the executive power to safeguard the public interest; modern pattern began to focus on controlling the executive relative importance in the administrative process, from the administrative body and administrative counterpart of the dual perspective, put forward the concept of modern controller includes a controller and Baoquan two meanings:"controlling" the executive power required to regulate the operation of control;"protecting power" has two requirements, it is necessary to protect the rights of citizens but also to guarantee the exercise of executive power of modern executive power can play a positive, dynamic service role."Executive self" is popular in recent years a new theory of administrative law scholars, Professor Cui Zhuolan the definition of executive self-restraint as the administrative body they voluntarily implement administrative actions, to the executive power in a lawful and reasonable operating within an autonomous behavior, simply, is the administrative body for its own illegal or improper acts of self-control, including self-prevention, self-discovery, self-stop, self-correcting mechanism consists of a series.Public choice theory, economics, big "rational economic man" hypothesis also applies to political science. Especially in political science in the field of political choice. In the field of political choice, everyone has as "economic man" as "rational", will seek to maximize their own interests. Economic and political relations are closely interlinked. Economic and political relations both represent more than two individuals from the cooperation. Both market and state means, and cooperation on the adoption of these measures have been organized and made possible. People through the exchange in organized markets for goods and services and cooperation, and such cooperation also means mutual benefit. In a very real sense, the political activity is essentially seen as a means.Chapter Ⅲ of the status quo of China’s administrative corruption prevention and control mechanism for resolution. Prevention and control mechanism is the so-called administrative corruption refers to corruption in the administration prior during and after the prevention and control, to take various measures to reduce opportunities for corruption, the corruption mechanisms that are intrinsically linked and form a well-established, standardized operation of the administrative corruption prevention and control mechanisms, and fundamentally reduce the incidence of corruption as a prevention mechanism. China’s administrative corruption prevention and control mechanism is mainly by external and internal mechanisms to prevent and.control mechanisms for the prevention and control of two parts, the external monitor prevention and control mechanism includes a variety of oversight mechanisms and the formation of the main laws and regulations, prevention and control, prevention and control mechanisms including internal administrative agencies and organizations within the system of monitoring and related prevention and control. Talking about here is a broad statement of laws and regulations, including the legislature, the executive, the party organization issued the administrative body and its staff has a relatively universally binding norms.Chapter IV of administrative corruption, according to our current lack of prevention and control mechanism, the advanced experience from abroad. Mainly from the institutional, legislative, ethical construction are described.Chapter V and under the lack of advanced practice, the author proposes his own theory of innovation. Face in the real world problems, build our administrative corruption prevention and control system characteristics, the first to create our unique anti-corruption legal system, and civil law, criminal law, administrative law together constitute the country’s legal system. Secondly, in the newly established legal system, the prevention and control mechanism outside the existing institutional reform and streamlining the organization, corruption prevention and control mechanism for the formation of a new administrative system, again under the new theory, increasing prevention and control mechanisms within the reform is to prevent more efficient control administrative corruption, and finally the main body for corruption, improve the administration ethics, essentially to prevent the occurrence of administrative corruption.
Keywords/Search Tags:Administrative
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