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A Study On The System Of Government Information Publicity In China’s Emergencies

Posted on:2018-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q TanFull Text:PDF
GTID:2346330512482976Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative normative documents,refers to the administrative department at all levels in accordance with the laws and regulations of the mandate,within their own authority to develop,with universal binding and can be repeated applicability of the document.Administrative normative documents on the one hand to add the law,the implementation of the spirit of the law,so that abstract legal provisions more in line with the actual situation of a region or department,on the other hand also make up for the rigid and lagging of the law caused by gaps in our administrative activities Plays a very important role,but also in the judicial practice has produced irreplaceable effect.However,because our country has not yet made formal and clear legal provisions on the formulation of the normative documents and the development of procedures,so on the normative documents,there have been a series of problems in administrative law enforcement activities.For example,the development of the main chaos,the development of serious procedures are not standardized,illegal content and other conditions,making the normative document is not "normative",good law into evil law,which will cause very serious consequences.This will not only infringe on the legitimate interests of the parties,but also hinder the effective implementation of law enforcement activities in the future,reduce the authority of the state organs in the public.Therefore,in order to curb the occurrence of these bad phenomena,we must develop a legitimate normative documents,it must be its efficient and scientific review and supervision.With the implementation of the new Administrative Procedure Law and the judicial interpretation,the judicial review of the normative documents has opened a new chapter,which has established the legal status of the system and made a general outline of the framework.However,in the specific rules of the provisions,there are many absent and not complete the place.Based on the objective and comprehensive analysis of the current situation of legislation and practice in our country,this paper tries to improve the suggestions of perfecting the advanced and mature experience.This paper is divided into six parts.The first part is the introduction of the research background of the judicial review system of normative documents,expounds the significance of the research and the present situation of domestic and foreign legislation and the research results of domestic and foreign scholars.The second part is the concept and theoretical basis of the related system The third part is about the experience of the system in the countries outside the country,mainly to explore the United Kingdom,the United States,France and Germany,the relevant provisions of the relevant review system and judicial practice in the specific case On the basis of this,it discusses the enlightenment of our country on the censorship system.The fourth part is the analysis of the present situation of the judicial review system of administrative normative documents in our country,introduces the legislative evolution and the legislative content,and discusses the censorship system And the problems in the operation of specific cases.The fifth chapter puts forward the suggestions on perfecting the review system in our country,and puts forward some suggestions in detail from the aspects of review,review,review,review and review.,And from the plaintiff,the defendant,the jurisdiction of the court and the burden of proof respectively,a systematic review of the judicial review of the program,the results of the review after the design,there are four main,one is to ensure the effectiveness of the review results,To carry out the strict accountability mechanism,the third is the three kinds of supervision mode of scientific convergence,the fourth is to improve the follow-up information sharing mechanism;the sixth part is a summary of this article,the main points of this paper and specific design summarized.
Keywords/Search Tags:Administrative normative documents, judicial review, system design
PDF Full Text Request
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