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On The Scope Of The Object Of Administrative Legal Relation

Posted on:2013-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:J J LiFull Text:PDF
GTID:2246330395452252Subject:Law
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Started from legal relation,this paper,points out that a legal relation is the relation between right and obligation.According to branches of law legal relations are classified as civil legal relation,criminal law relation,administrative legal relation and so on.Then it introduce the administrative legal relation.On the basis of defined administrative legal relation this paper discusses the characteristic and value of administrative legal relation.as one of three components of administrative legal relation the object of administrative legal relation has great means about the product,changes and elimination of administrative legal relation.On the basis of theories related the object of legal relation this paper introduce the concept of the object of administrative legal relation and define it as a kind of benefit including property and mental property.In real life administrative legal relation is complicated.lt decides the object of administrative legal relation must have some characteristics like interest statutory passivity.In order to evoke new reorganization of it.The paper demonstrates the value of the object of administrative legal relation.In China administrative law scholars learn from the classifications of legal relation in Rome Law. Then they classify as property conduct and mental property.The expression coming from civil law cannot become guiding the theory for the other branches of law.on the foundation of the previous.The author defines the range of the object of administrative legal relation and gives an illustration of manifestation about property conduct and mental property.Besides along with appearance of innovation and elaboration of social division of labor.the scope of executive power.Then the author sort out the object of administrative legal relation and point out collisions between theories and realities,the points out solutions about it.The author hopes her suggestion may help us improve our understanding of the development of the technology of lawmaking accordingly affect the quality of laws,may help us look the development direction from correct views.At last on the basis of the original theories of jurisprudence aiming at whether the person belong to the object of administrative legal relation the author point out the person must play the role of subject and object as a member of community.Although the person can be the object of administrative legal relation it isn’t in general that it can be the object in special administrative legal relations to assure protection of the interest of administrative relative person.lt needs administrative subject administrate according to laws in the specific administrative legal relation.
Keywords/Search Tags:the object of administrative legal relation, the scope, the person
PDF Full Text Request
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