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Study On The Implementation Process Of The Actual Effect Of The Administrative Law

Posted on:2015-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z G LiFull Text:PDF
GTID:2296330431986480Subject:Law
Abstract/Summary:PDF Full Text Request
The implementation process of the actual effect of administrative law, which is theprocess of the playing by the actual effect of administrative law. The administrative law,here the author saying, is the administrative law that can realize the value of theadministrative order of administrative law in the sense of the oughting objection, and itis the ideal of ruled by law of administrative order. It includes two aspects what aregood administrative legislation and the good implementation of the administrativelegislation. On the basis of this understanding, the implementation process of the actualeffect of administrative law refers to the process of conjunction of the gap between theoughting effect of administrative legislation and the actual effect of enforcement ofadministrative law. The ideal of the legislation is a了ways good, but it often tending todiscount by the result of the administrative legislation and the actual effects ofenforcement of administrative law. And it can also lead to the bares of the enforcementby administrative to administrative legislation which being effected by the emotions orbenefits and the personnel coerciveness in the process of administrative act. The reasonsof the gap between the the effect of administrative legislation and the enforcement ofadministrative law is that, in addition to the participation of the inevitable hystereticnature in the process of legislation and political will etc, it also involved in the aspect ofthe efficiency discounts of enforcement of administrative law which acused by theinequality of the administrative organs and personnel individuals. It is not impossible toclose the gap of the efficiency between administrative legislation and administrative lawenforcement, which requires the the mutual convergence by administrative legislationand administrative law enforcement to realize the balance of the due effects and theactual results of the administrative law. The process of the rule of law in administration,the improvement of awareness of the ruled by law, and the development of the risingsoft administration, low carbon administration, global administration, which all arecreating the environmental platform irreversiblly, step by step, more and more realistic,for diminishing the gap tetween the due effects and the actual results of theadministrative law. These accellerate us to create good order environment for promotingthe the implementation process of the actual effect of administrative law in the sades of the administrative legislation, administrative law enforcement, administrative judicial,administrative legal supervision, and so on. The most meaningful of my thesis is,through the actual analysis of the gap between the the administrative legislation and theadministrative enforcement of law by the proboms of formal legislation, blanklegislation, and using the law enforcement powers abusely and so on. to find out theroot of the problem, to research the possibility of the combining of the administrativelegislation and the administrative law enforcement. And the propose of the thesis is toexplore the feasibility opinions and suggestions of the combinning between the dueeffect of administrative legislation and actual result of the administrative lawenforcement based on the practice of administrative legislation and administrative lawenforcement, and then to promote the process of the rule of law in administration of thecountry.
Keywords/Search Tags:Administrative Legislation, Administrative Enforcement of Law, Implementation Process, Soft Administration, Rule of Law inAdministration
PDF Full Text Request
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