Font Size: a A A

Research On The Administrative Theory Of Individual

Posted on:2016-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2296330461463013Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Chinese Government Administration, subject to administrative supervision by the administrative power operation process is a positive social value. However, in administrative enforcement process is still some norm does not reasonably exist, what is the nature of these phenomena, is just right? If it is not, and how should you face such problems? There is no feasible way to solve the truth behind all these conflicting?This paper consists of five parts. First, given the administrative theories of individual concepts and demonstrate its features. Preliminary description of individual administrative individual theory is based on a different administrative approach to the realization of a different concept of social justice. This difference should be based on the principle of individualization of punishment from man to implement discriminatory ways, relative to culminated in the adoption of the profit and loss effect to the established in the field of administrative law. Second, on administrative individual of theory proposed of background and according to for analysis, including social background wealth differentiation, and legal according to John Rawls of social justice views, experience sources penalty individual of principles, on administrative individual of theory of formed factors for General and integration, description has administrative individual of theory is to should wealth differentiation, social problem, in administrative behavior in the on administrative relative people implementation damage principles of administrative way. Once again, illustrates the value of individual theories of administration, including the theory on the value of the system of administrative law and administrative law, in reality the value of administrative law and administrative law. Executive individual can realize the definition of the scope of administrative law research, which separated from the scope of the study of public administration. For achieving social discovery of executive power and attention, so Administration can serve to solve social problems of the society. Executive individual theory going back for administrative purposes can eliminate controversy between the basic theory of administrative law, the administrative law from "control theory", "management", "balance" the teleological analysis path. Then, analysis of administrative theory and theory of administrative law concept of the individual linkages and differences, including administrative rational principle, administrative discretion and administrative discretion standard, which States that the chief theory cannot be covered by other administrative law and independent meaning, and clarify administration individual specific guidance theory to the theory of administrative law, as well as the impact on administrative law. Finally, it discuss that how to implement administrative individual policy in administrative law, including implementation differences in legislation and the system of Justice. Legislation should take care to legislative participation and the acceptance of difference Executive, in terms of specific systems adapt to differences in administrative system adjustment should be made.
Keywords/Search Tags:Theory of individual administration, The principle of justice, The fairness of justice, The ability of social profit and loss, Individualization of punishment
PDF Full Text Request
Related items