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A Study On The Judicial Review Of China's Major Administrativelaw Enforcement

Posted on:2018-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2346330515477885Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
China's major administrative law enforcement decision legal review refers to the external legal institutions in accordance with certain procedures and standards for major administrative law enforcement process and the proposed results of legitimacy,rationality review,and put forward a written audit opinion of an administrative act.Major administrative law enforcement decision Legal review is a long-term administrative law enforcement practice of a major initiative,is conducive to improving the major administrative law enforcement procedures,the fundamental purpose is to ensure strict administrative law enforcement strict and impartial.Significant administrative law enforcement decision legal review as a pre-audit mechanism,unlike administrative reconsideration,administrative litigation,filing and other post-audit mechanism;it has a unique attribute,must follow certain principles,has important social value.However,due to the system is not perfect and the lack of theoretical research and practical experience,China's major administrative law enforcement decision legal review there are still many problems.Therefore,it is necessary to systematically study the system,establish and improve the legal system of major administrative law enforcement decision system,and provide theoretical and institutional basis for the practice of legal review.This paper tries to study the relevant theories by means of empirical and theoretical analysis,and provides theoretical support for the construction of legal system and the practice of legal review.The author from the following five aspects of research.First,introduce the background of the study,the status quo and methods.Secondly,it discusses the connotation of the legal review of the major administrative law enforcement decision,the distinction,the attribute,the principle and the main content of the related system,and lays the theoretical foundation for the further discussion.Thirdly,it mainly discusses the social value of the legal review of the major administrative law enforcement decision,including the maintenance of the relative rights of law enforcement,consolidates the basis of the legitimacy of the government,supervises the enforcement of the duties of law enforcement,enhances the administrative law enforcement credibility,accelerates the construction of the rule of law and realizes good social governance.Aspects.The important administrative law enforcement decision to determine the social value of the legal system is to build a major administrative law enforcement decision legal system of the theoretical basis and value orientation.Fourthly,it mainly discusses the problems and reasons of the legal review of the major administrative law enforcement decisions in China.This is the realistic requirement of constructing the legal system of major administrative law enforcement decisions and can solve the related problems in a targeted way.Fifthly,it is necessary to carry out the conception and prospect of the legal review system of major administrative law enforcement decisions in China.It mainly includes clearly examining the main body,perfecting the audit procedure,clarifying the contents of the audit,putting forward the opinions of the audit and investigating the five aspects of the audit responsibility.This is the main problem to be solved in this paper,which is the main innovation of this paper.
Keywords/Search Tags:Major, administrative law enforcement decision, legal review, audit system, audit main body, audit procedures, audit opinion
PDF Full Text Request
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