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The Study Of The Due Process Principle In Administrative Law Enforcement

Posted on:2014-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:J Y YangFull Text:PDF
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In recent years, the situation of administrative procedures are not standardized often appears in our country’s administrative organs. Especially in the process of administrative law enforcement, the cases of administrative law enforcement personnel violate the principles of due process happen frequently. The principle of due process, as a principle of the modern administrative law, is most active and effective, can make administrative power regular and reasonable, and improve administrative efficiency. And it also helpful to realize justice and fair procedure, safeguard the dignity and protect the interests of administrative counterpart. China has promulgated the Administrative Procedure Law, State Compensation Law, Administrative Punishment law, Administrative Reconsideration Law, Administrative licensing law, Administrative Coercion Law and other important laws. In2008, government of Hunan Province promulgated the Regulations of Administrative Procedures in Hunan Province. Although this laws and regulations made some provisions for some administrative procedures, agencies still ignores the administrative procedure in the process of administrative law enforcement, and the implementation of the principle of due process is in trouble. The reasons are China’s traditional legal culture lack the idea of procedure, supervision mechanism of the administrative organ is not perfect, and the administrative procedure legislation of our country has defects. The principle of due process originated the idea of "natural justice" in the British law. United States, Europe and China’s Taiwan region made the principle develop well. Therefore, use experiences of these regions, combine with China’s reality, and find ways to improve the operation of the due process in our country has become urgent thing in administrative law. This paper is divided into four parts:In the first part, author summarized and studied a case. In this paper, author used the Case of Sun Zhongjie which happened in Shanghai as a case. The whole process of this case was summarized. And author also detailed talked about the satiation of improper procedures during Pudong New Area City Management Bureau of administrative law enforcement.The second part is the analysis dilemma of China’s implementation of the principle of due process in administrative law enforcement. The dilemma is mainly reflected in three aspects:first is Chinese traditional legal culture lack the idea of procedure; second is the supervision mechanism of the administrative organ is not perfect; third is the administrative procedure legislation has defects.In the third part, author introduced the principle of due process of theory and practice in foreign countries and China’s Taiwan region. Author hoped that by introduction of due process principle in the United States, Britain in Europe and Taiwan area, our country can find experiences, which could give a good reference in our country.In the fourth part, author put forward some suggestions to prefect the principle of due process in administrative law enforcement in China. First of all, we should improve our administrative procedure legislation. Second, the administrative organ should set up the idea of "Good of Administration" in the process of law enforcement. Third, we should strengthen the administrative system of accountability in the law enforcement activities. Fourth, we should perfect our country’s administrative supervision mechanism.
Keywords/Search Tags:enforcement of administrative law, principles of due process, good administration, Administrative Procedure Law
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