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On The Administrative Decision Of The Acceptability Of Thinking

Posted on:2016-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:S S YanFull Text:PDF
GTID:2296330461462323Subject:Administrative law
Abstract/Summary:PDF Full Text Request
The administrative decision acceptability is now in the process of administrative law enforcement idea, major to the administrative subject and the relative effect. Because now pay attention to it less so relative person does not accept the administrative decision,it hinders the process of many administrative law enforcement cases. Based on the Influence of practice needs to produce and By discussing the way of realization of justice is based on acceptable manner, starting from the institutional environment and the main concern, analysis of constraints of administrative decision acceptable factors, By using the method of acceptance of evaluation and measure of administrative decision: both the legal standards and the psychological standard, Then the multi angle proved to improve the acceptability of the measures of administrative decision,hoping that the benign interaction is beneficial in the modern administrative system in the administrative main body and the relative person. The introduction of administrative decisions around the acceptability of research reviewed and explain the purpose of doing research in order, administrative decision acceptability elaborated theoretical significance and practical value, and on research methods and innovations are described.The first part focuses on justice to propose an acceptable way people seek to achieve this value, from a practical situation must lead to the renovation of the administrative decision acceptability.Then the second part focuses on the acceptability of an administrative decision restricting factors, the first performance of the institutional environment deficiencies, penalties from the actual principle of punishment procedures unrealistic understanding of consciousness is not an acceptable reason for restricting the strong administrative decisions acceptable can be improved. Acceptability itself has "easy perception, difficult to identify," the characteristics and acceptability is a complex cognitive process, starting from their own relative who need to follow the "understanding-understanding- compliance" process. Another main concern is not one, single concern the legality of the administrative body, too lazy to go into the appropriateness of its own starting point only starting to think that the "harmless can be accepted," the letter over the legitimacy of the executive force, I believe that even if the policy program is not perfect, because the legitimacy of the existence of administrative force, is still able to protect the public they do not comply with the policy decision to accept. And people are more concerned about the relative rationality, do not accept because it considers illegitimate or legitimate administrative decision but unreasonable. On this basis, the third attempt to make administrative decisions acceptability evaluation requirements and metrics. Objectively, the evaluation requirements should be related to the type of administrative decisions, divided into direct and indirect acceptable to expand the types of acceptable evaluation. Relative eventually remedy through appeasement does not mean that administrative decisions acceptability, should be "forward based" administrative decision that is acceptable to meet the "preventive condition" that the establishment of conditions for the center of gravity. Achieve a balance between the objective and subjective identification requirements, but also to find a balance between fact and psychological. Subjectively, the different focus of the subject when evaluating acceptability. There are factors that affect the acceptability of individual factors, including the ability to accept(individual wealth, ability to pay) and accept consciousness, individual admissibility, emotion, interest, ethics, position, etc., driven there at acceptable "difference" "Selfishness." And social factors, including the period features, legal culture, traditions and customs. The acceptability of the measure can take into account the legal standards and psychological standards, objective legal criteria for the establishment of the first pay attention to the conditions of acceptability, measure and consider the impact on the interests of all parties. Second, consider whether the law, and to consider the human rights violations opposite type from the substance. Again from the formal requirements of the procedural requirements of procedural fairness. Subjective psychological criteria was established to meet the prerequisite conditions, and then divide the acceptable degree, people need to consider the relative phases of the response. Under standard guidelines, the fourth part of administrative decisions to improve the acceptability of exploration endeavors. First, grasp the main principles of the other principles complement cheaper, more emphasis on the acceptability of rationality, justice under the scenario, the voice of social pluralism, justice and the value and demand fade, better enforcement of legislation, questioning how the implementation of administrative decisions has come to be accepted in principle protagonist of cheap. First from the mainland areas of Criminal Procedure has not been expressly recognized faces doubts whether it will undermine the principle of the rule of law can be cheaper featuring towards the acceptability of the task, and supplemented by the principle of proportionality, the principle of equality, trust protection principles have been of generally understood principles to work together in the same way in pursuit of the ultimate value of the rule of law. Next week urged the need to consider the trade-off administrative body, in particular law enforcement to understand the use of "the principle of three normally", then follow the strict logic of the system to carry out the construction, according to the last concrete operational experience moderate Rong cut, in order to achieve the reasons for the decision to accept the law accept the facts and decide to accept the results. In addition, the guide is relatively rational thinking person to prevent abuse of the acceptability of the parties, and to achieve a reasonable balance of interests, including the interests of balance and adjustment, the relative emphasis on guiding rational way of thinking people, thus helping to improve acceptability. Finally, to achieve a unified legal effect and emphasize social effects, should rely on the concept of equality, consultation involved in the concept, the concept of integrity, public and private interest to protect the concept of the idea of the five ideas for the content, to the executive and the relatively harmonious human interaction as the core of the new concept of administration. Unified legal and social effects, maintaining public confidence in the government, the protection of the law relative to people’s trust and faith. Reason to believe that an administrative decision concerns the acceptability of good governance is about to hold up a new world.
Keywords/Search Tags:acceptability, administrative decision, effectively solving dministr-ative disputes
PDF Full Text Request
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