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Research On Non-litigation Adminostrative Enforcement

Posted on:2017-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:S Y NiFull Text:PDF
GTID:2336330482987641Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Implementation of China's "Administrative Enforcement Law" to regulate compulsory administrative areas provide a strong legal protection. Judicial oversight of administration is not only reflected in the adjudication of administrative cases, the more reflected in the non-litigation administrative enforcement of the review, which is the number of non-administrative appeal and administrative litigation cases comparing the number of cases accepted by the courts throughout the country to produce of. Non-litigation administrative enforcement, administrative enforcement system as an important part, not only related to the legitimate interests of the administrative counterpart, but also closely related to the authority and credibility of administrative decisions.This paper studies four parts, the basic theory of a non-administrative enforcement proceedings; the second is enlightenment from visiting non-litigation administrative extraterritorial enforcement; Situation and Question three non-litigation administrative enforcement; four non-litigation administrative enforcement perfect execution. Wherein the first portion includes the concept and characteristics of non-litigation administrative enforcement; the second part describes in Germany, Japan and Taiwan of China as the representative of the Chief Standard Model and to the United States, Britain, represented by Justice standard mode, and described its Enlightenment to China's mainland; the third part describes the status quo of non-litigation administrative enforcement and problems, Including Executive Conference unscientific one mode, the main application is not clear, there is a way to examine the problem, review the way the standard is not clear, grant execution rate is not high, the low rate of effective rulings, insufficient protection of the rights of relief; the fourth part to address the problem put forward a sound proposal.
Keywords/Search Tags:Non-litigation administrative enforcement, review standards, Remedies
PDF Full Text Request
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