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Research On The Administrative Supervision In The Perspective Of The Law-Ruled State

Posted on:2017-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:X H ChenFull Text:PDF
GTID:2336330512968208Subject:Law
Abstract/Summary:PDF Full Text Request
Under the fundamental frame of "rule of law"(or" governing the country according to law")and "Administrating by law",China's legal system of administrative supervision,based mainly on Administrative Supervision Law and its Implementing Regulation,has been formed currently,and supervisory organs has been established in all-level governments extensively for supervising the law enforcement,honest government and efficiency of the supervised.Objectively,a set of relatively complete administrative legal system has been established and has exerted its vital role in the built-up of China's government by law.However,an unbridgeable crack has been existing between the rapid development of modern society and the relative stability of laws throughout.Administrative Supervision Law was rectified six years ago.To this day,the inadaptation,between current legal system of administrative supervision and practice of that,has touched off a deep thinking of administrative supervision power and its operating mechanism by people.Factually,a set of sound and perfect legal system of administrative supervision is deemed to be the essential requirement of the "rule of law" as a fundamental principle and simultaneously to be an objective legal base of administrative supervisory organs' performing their duties in light of laws.Under the current situation,the perfecting of legal system of administrative supervision shall focus on where the said legal system is within the strategy of governing the country according to law,and issues existing in current legal system of administrative supervision,on that basis,shall be summed up and then further offered corresponding perfection suggestions.In other words,current strategy of governing the country according to law has set a basic direction and drawn a basic boundary for the establishment and perfection of the legal system of administrative supervision.Therefore,the implementing analysis on the legal system of administrative supervision shall regard the fundamental strategy of "governing the country according to law" and the essential target of "administrating by law'' as a discussion background and field.The establishment and perfection of the legal system of administrative supervision shall be the concrete reflection of the said fundamental strategy in the field of the administrative law in essence and be the dynamic manifestation of the basic principle of "administrating by law" in the administrative power operation.The main purpose of this paper lies in realizing further perfection of the legal system of administrative supervision within dimension of the rule of law,in purpose of the realization of comprehensive implementation of "the rule of law" and"administrating by law" in the field of administrative supervision.The text of this paper contains five chapters,as follows:Chapter one explains the contents related to the Law-Ruled State Theory,which is the theoretical benchmark of the writing of this paper.The essence of the Law-Ruled State is the limit of power and the legal system of administrative supervision becomes the important components of the Law-Ruled State Theory on the basis of the said essence.Simultaneously,the explanation of the meaning of administrative supervision and the significance exerted upon administrative supervision system by the Law-Ruled State have obviously embodied the necessity of built-up and interpretation of administrative supervision system under the frame of the Law-Ruled State.Chapter two gives a respective discussion of the contents of Administrative Supervision Law under the background of the Law-Ruled State,the effect exerted upon Administrative Supervision Law by the fact that "the rule of law" was written and provided into the constitution,the further development of the legal system of administrative supervision,etc.This chapter puts the analysis on China's current legal system of administrative supervision and its practices,which paves the way for the introduction of the function of administrative supervision system and the making of perfection suggestions in the rest of this paper.Chapter three puts the analysis on the function of administrative supervision system at the background of the Law-Ruled State and respectively expounds the effects and limitations given by the legal system of administrative supervision to the realization of target of the Law-Ruled State,and the said limitations include such three aspects as the deficiency of legal system of administrative supervision,the blemish of implementing mechanism of administrative supervision and the absence of supervision mechanism for administrative supervision.This chapter actually is a brief summary of the issues in the current administrative supervision system.Chapter four discusses the experience of administrative supervision system from overseas countries by the rule of law,selecting the USA and Japan as typical representatives of overseas countries by the rule of law.This chapter,by analyzing administrative supervision system of the USA attaching much importance to the independence of organs and that of Japan merging public participations,summarizes experience of the USA and Japan in aspect of administrative supervision system,and puts forth beneficial enlightenment for the building of China's administrative supervision systemChapter five,with the goal of the realization of the Law-Ruled State,aiming at the issues put forth in Chapter three,by drawing lessons from the enlightenment in Chapter four,and in combination with China's actual situations of administrative supervision,makes suggestions perfecting the administrative supervision system of China in the hope of helping to realize the by-law rule of China's administrative supervision,from such three aspects as the perfection of the legal system of administrative supervision,the perfection of implementing mechanism of administrative supervision,and the supervision mechanism for administrative supervision.
Keywords/Search Tags:Law-Ruled State, Administrative supervision, Supervisory power, Limit of power
PDF Full Text Request
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