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Study On The Illegal Liability Of Administrative Procedure

Posted on:2014-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:D D WangFull Text:PDF
GTID:2256330401461387Subject:Law
Abstract/Summary:PDF Full Text Request
Modern times, a lot of countries and regions have completed the modern sense of theadministrative procedures for the formulation of laws and regulations, administrativeprocedures illegal liability theory has been developed by leaps and bounds. However,look back to the administrative procedure act of the country in recent decades,although the larger development, but still lacks a unified administrative procedurallaw. Theory, lack of sound construction, supporting the provisions of the legislationcan not keep up, coupled with the practice of law enforcement personnel awareness ofthe rule of law is not high, the lower the level of law enforcement, enforcement is notenough, therefore, from the theoretical and practical aspects in-depth discussion ofadministrative procedures in violation of obligations more profound and long-termsignificance. This dissertation the basic theory of liability from the administrativeprocedures illegal, conceptual analysis and comparison demonstrated two researchmethods, analyzed the existing problems in the theory and practice of illegalresponsibility of administrative procedures in China, and finally a complete set ofadministrative procedure liability idea. The first part of this article, the main illegaladministrative procedures the basic theory of liability. The second section discussesthe liability provisions of the United Kingdom and other countries in the illegaladministrative procedures. Sound administrative procedures law liability regime in theworld, many countries or regions have been established. Therefore, it is necessary toexplore the foreign Illegal administrative procedure and accountability mechanisms,better able to draw on. The third part is against the law of administrative procedurewith the requirements of the responsibility and problems were analyzed and putforward a sound idea in theory and practice. Liability as the effective implementationof the law and plays a backing role, plays an important role, it is difficult to imaginethat one is not the responsibility of the main provisions of the law of the relevant legalliability. Therefore, any liability machine production protection legal system, willhave no value and meaning. Accompanied by China’s political, economic and socialdevelopment, the enhancement of the government’s social management innovation,social contradictions highlight the urgent need for a unified the birth of theadministrative procedure act and run. To better regulate the operation of the executivepowers, to ensure orderly market economy and the sustained and healthy development,but also to protect other laws, rules and regulations reasonable and fairimplementation, and thus effectively reduce administrative procedures and preventionpractice The illegal phenomenon occurs, provide a solid legal basis for theperformance of administrative procedures identified illegal in China there are a lot ofdeficiencies, in theory and in practice there are a lot of needs improvement. Author ofthe administrative procedures for the violation of law on the theory and practice ofillegal responsibility of the administrative procedures put forward suggestions forimprovement.
Keywords/Search Tags:Procedure, Legal Responsibility, Illegal Administrative Procedure
PDF Full Text Request
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