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Analysis Of The Era Fulfill System In Administrative Compulsory

Posted on:2016-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:L Q HuangFull Text:PDF
GTID:2296330464468440Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative compulsory law was promulgated in 2012, before and after the last 13 years; there is a great progress in the design of the system. In the moment of the contradiction and social tension is great, It stipulated many positive system, at the same time, further enriched the administrative enforcement system, It have made the relevant provisions of The administrative coercive execution settings and allocation of rights. The fifty-two of Administrative compulsory law have defined the namely age performance system. This article gives administrative organ power to take administrative compulsory execution immediately in case of emergency. such can effectively prevent the occurrence of damage, but, Since this provision comparison be concise and to the point, that there is no certain consistency in understanding and execution, Created the administrative organs and administrative related to people can not effectively according to law, meanwhile, disputes reality show the system also has some shortcomings, to be further improved. This paper elaborates namely age performance system, Starting from the system itself, analyzed the defects of current regulations, Put forward own superficial view, In order to solve the problem in the reality.The first part: Found that the real problem, analysis of reasons. Expensive Trailer events have exposed frequently, seemingly reflect the lack of law enforcement of administrative organs and the way of law enforcement, but the essential reason is the problem of system level itself is not perfect place, only remedy can really like.The second part:Explain the basic theory of namely age performance system. Law gives the administrative organs without the general procedure can take to perform acts of power generation, In order to prevent the abuse of the power of administrative organs, namely age performance system will be strictly limited in he traffic safety and public order, And the applicable condition is provided. This part will expound The applicable condition and the legal relationship between the three parties of namely age performance, in order to meticulous, depth understanding of the system.The third part:puts forward the existing problems of namely age performance system. Namely age performance system as an emergency on behalf of their, not only is simple to perform the procedure, It has itself features, use conditions, applicable object, and procedure of application. Article fifty-two of Administrative compulsory law have general provisions of namely age performance system, Some imperfections exist in suitable conditions, procedures, fees etc, lead to the practical application of chaos and not strong operational problems.The fourth part:Gets a feasible operation to solve problems in the analysis after. To perfect and construct relevant system, to play the system set objective.
Keywords/Search Tags:administrative compulsory, administrative enforcement, that era fulfill, generation to fulfill
PDF Full Text Request
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