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The Study On The Legal Control Of Fire Administrative Discretion In China

Posted on:2015-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:Z W LvFull Text:PDF
Abstract/Summary:PDF Full Text Request
Fire Administrative Discretion is the public security and fire agencies in the fire laws and regulations relevant provisions of the lack of clear regulations or not detailed enough, the specific circumstances authorized by law, administrative law enforcement in the fire on whether to implement and how to implement some sort of self-administration behavior judgment and discretion of choice. Fire administrative enforcement, administrative discretion is easy to produce a tendency to abuse, fire abuse of administrative discretion, administrative relative person will not only caused by violations of the legitimate rights and interests, and will wreck the credibility of public security fire control institutions, law enforcement, may undermine the image, it will seriously undermine the authority of law seriousness, delaying the process of building administrative law. Therefore, it is necessary to fire exercise of administrative discretion legal regulation.In addition to the introduction and conclusion, the text is divided into five parts: The first part describes the administrative discretion Fire connotation and characteristics, and enhancing the fire from the efficiency of law enforcement, to achieve individual justice, overcoming the limitations of the three aspects of the legal analysis of the fire administrative discretion exists reasonable. The second part discusses the fire kind of administrative discretion, will fire administrative discretion summarized as the following:identification of illegal facts discretion; illegal activities identified discretion; penalties kind or magnitude of discretion; handling program selection discretionary; time-limited discretion. The third part discusses the abuse of administrative discretion Fire manifestations and hazards. Fire first introduced the practice of administrative law enforcement abuse often occurs several administrative discretion fire behavior, followed by human rights protection from administrative counterpart, the public security fire control institutions credibility of law enforcement and social stability analysis of three aspects of abuse of administrative discretion Fire social harm. The fourth part from the fire legislation, law enforcement, supervision, quality and other aspects of law enforcement officers subject reveals abuse of administrative discretion fire causes. Section V presents fire control countermeasure of administrative discretion, to law enforcement philosophy, legislation, law enforcement and social supervision and other aspects of the exercise of administrative discretion of the implementation of comprehensive control and norms.
Keywords/Search Tags:Fire Administrative Discretion, Abuse, Legal control
PDF Full Text Request
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