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Jurisprudential Studies System Of Relative Centralize Administrative Punishment Power

Posted on:2014-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:H W HuFull Text:PDF
GTID:2256330425462966Subject:Law
Abstract/Summary:PDF Full Text Request
Relative centralized system of administrative punishment rights is an important method to regulate administrative punishment acts. Theoretically speaking, the establishment of such system reflects the pursuit and exploration to modern law science and administrative theories and concepts. This dissertation aims to provide a preliminary knowledge of the legal understanding of the system through the-arguments on the concepts, features and legal realization etc thereof. Further, the theoretical basis and value of the system will be analyzed with focus to seek the fundamental judgment upon the rationality of the system, and finally through the interpretation to administrative management revolution thinking and administrative punishment innovative ideas to come up with the assumption for administrative management especially administrative punishment system, in order to explore a reliable way for the development of administrative punishment system and for the consummation of relative centralized system of administrative punishment rights.The first part is to provide a fundamental knowledge of relative centralized system of administrative punishment rights and to pave the way for later arguments. And it mainly includes the concepts of the system, the basic features and the introduction of the legal realization. From the logic structure and legal relation to frame out the basic legal concepts and further conclude the basic features of the system. Meanwhile, the legal effect and utility of the system will be attempted to be explored; and the realization of a specific legal regulation from the microcosmic perspective will be reflected objectively. At end of this part, relative concepts as administrative punishment, administrative management power and administrative punishment rights will be discriminated.The second part conducts an analysis to the theoretical basis and value of relative centralized system of administrative punishment rights, including the mutual relations between modern legal theories and concepts, as system and public administrative theory, restriction and balance of powers, fairness and effect realization etc. Moreover, a value judgment to relative centralized system of administrative punishment rights will be made from the perspectives of legal sociology and legal economics.The third part presents a comparison between foreign experience and domestic current situation of relative centralized system of administrative punishment rights, with the emphasis on a detailed comparative analysis on the deployment of administrative entities, managing scope and subject of power in current domestic system.The forth part explores the consummation of the relative centralized system of administrative punishment rights, mainly including coming up with the basic principles for perfecting the system in light of current social status and future development trend of the system, with a further attempting of revolution of administrative concepts in system design. Besides, shallow suggestion of consummation of relative centralized system of administrative punishment rights will be mentioned.
Keywords/Search Tags:administrative management, administrative punishment, theory, value, exploration
PDF Full Text Request
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