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The Legal Regulation Of "Blocking" Up Warts Artist

Posted on:2017-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:L Y WangFull Text:PDF
GTID:2336330488459323Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Numerous warts artist drugs, prostitution to whole society bring great negative impact, very bad influence, which seriously damage the public interests, so must be "blocked". Through the study of case "blocked" misdeeds artists at home and abroad. The author concludes the record the types of artists. Divided from the "blocked" reason, can be divided into because of sensitive issues are "blocked", was "blocked" for illegal crime, because of moral, style issue is a "block", because of other reasons to be "blocked"; Divided from the "kill" the main body, is divided into market "blocked", "blocked" official, semi-official "blocked", industry "blocked" and the public "block"; Divided from the "block" whether public, divided into the secret "blocked" and open "block"; Divided from the term "block", is divided into short-term "blocked", "blocked" for a long time, and permanent "block"; Divided from the scope of "block", is divided into local "blocked" and "blocked" in an all-round way. The author thinks that "blocked" belongs to the prohibitive administrative commands. The official "blocked" and semi-official "blocked" although not as administrative punishment, but the equivalent of administrative penalty, but "blocked" did not adhere to the basic principles of administrative punishment. "Blocked" more problems, mainly from the legal regulation. Embodied in:one is unable to. The second is "blocked" law enforcement is not in accordance with the law. Breach of duty under administrative law and the basic principles of administrative punishment, enforcement illegal, fails to perform the statutory procedures and so on. Three is the lack of oversight. Judicial supervision and the system factors cannot be invoked oversight. Supervision by public opinion and social supervision influence is limited. The party's supervision, administrative supervision, NPC supervision vacancy. These caused the ineffective supervision of "block". Four is the lack of legal relief. Our country is not legal relief way but administrative relief system problems. The first is the legal relief system operability is not strong. In justice, judicial review cannot be invoked, the victim concerns the administrative proceedings cannot be started; The second is the victim can't apply for relief. So if you want to perfect our country "blocked" misdeeds of legal regulation of the artist, on the one hand, to draw lessons from the experience of other countries, on the other hand must be from the following several aspects:one is to strengthen legislation, to be "blocked" laws. Second, in accordance with the law regulation enforcement actions. Three is to strengthen the reform of supervision system, enhance the supervision of "block" effect. Four is to provide legal relief for victims of the "block". Five is to lead unofficial "blocked" the rule of law.
Keywords/Search Tags:"block", the administrative punishment, supervision, relief, legal regulation
PDF Full Text Request
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