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Study Of Administrative Behavior Essence Justice

Posted on:2018-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:K DengFull Text:PDF
GTID:2346330512488480Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
From ancient justice as an important ethical principle,a popular throughout all areas of human life,and most in need of field is the field of public administration of justice,rather it is the result of the administrative action should be to achieve justice.Overview of justice is the most basic categories,namely the form justice and substance justice.Form the pursuit of justice value in the form of the rule of law,emphasizing fairness,procedural law.Substantial justice not clear rules,but it exists in natural law and social morality.Administration of justice is based on the two,in modern democratic countries,the administrative power is the result of people's sovereignty,belongs to public power,government represent the interests of the whole society and the managers,the publicity of public administration determines its justness.Based on the research of the justice theory,go deep into the field of administrative behavior,can analyze the connotation of formal justice administrative act is the administrative legal principle,the substantive connotation of administrative behavior is the equilibrium principle.If the form of the realization of justice is the specific administrative justice,then,substantial justice can be regarded as the highest realization of justice administrative law.In the real society,administrative law is perfect,can say has been achieved between the individual justice in form,but as part of the administrative system,administrative rules and administrative discretion or administrative procedures,in the face of the difference of individual,there is still a result from the circumstances of justice.For this generally applies to the differences between the individual justice,should be based on the equilibrium principle,through the balance of the interests of all parties,the maximum meet the aspirations of individual differences.Justice in both form and essence in administrative action the balance of justice,both for the study of administrative behavior form justice provides realistic material,but also proves the necessity of administrative behavior essence justice.Justice of administrative behavior,both the implementation of justice,and the results of the justice,should reach a state of equilibrium,which is the requirement of substantial justice.Substantial justice to administrative behavior,this paper argues thatis its highest for administrative rule of law,the administration according to law,the legal system within the framework of the exercise of power,is not only a procedural legal,and is a reasonable result.At this stage,we should focus on concrete face,that is,through the administrative behavior to achieve a substantial justice,for individual differences,on the results of benefit equilibrium.The highest faces with a specific administrative act is rendered into relationship,administrative rule of law is not happen overnight,but should be implemented step by step,the highest is the ultimate goal oriented,and concrete facing is to realize the way,the two complement each other.In administrative action research in the process of how to realize the substantial justice,appear a series of problems,from the point of form appearance,these problems are the legitimacy,however,in view of the individual difference,in the process of practice may lead to unjust result,namely the substantial justice.These problems of administrative action is not "timely" respectively,abstract administrative behavior,censorship,discretion of administrative discretion space problem behavior and administrative action procedure legitimacy examination questions,solve the problem of four,is a big step in getting off to a substantial justice.According to this problem,this paper will through administrative equilibrium principle,and put forward the response to clear this several administrative behavior to achieve substantial justice.
Keywords/Search Tags:Administrative Action, Substantial Justice, Administrative Equilibrium, Administrative Rule of Law
PDF Full Text Request
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