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The Administrative Law Enforcement Pattern Research Based On Credit Rating Evaluation

Posted on:2018-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:S F FangFull Text:PDF
GTID:2346330518950342Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the advance of rule of law and law-based government,the concept of decentralization,management and service rises.The decentralization and management mean streamlining administration and delegating power to reduce ex ante intervention of social resources by administrative power and emphasize the role of supervision underway and afterwards,so that we can change thinking of administrative license centralism existing in some area.The concept of service is to optimize service,which means that administrative management needs to transform from unidirectional suppression by authority to negotiation-cooperation and guidance.The goal of service is to emphasize the process management and reduce dependence on administrative penalty and administrative enforcement.So the core of administrative management transforms from front and end to middle.As a typical middle administrative behavior,administrative inspection gets more attention and becomes a key part to make the strict normative fair civilized law enforcement come true.At the same time,there rises a kind of concept of credit governance in the field of social management,which means that social members will be guided to select by the mechanism of that people keeping faith will be rewarded and people breaking faith will be punished.When the concept is used in administrative inspection,with the improvement,a unique administrative law enforcement called administrative law enforcement pattern based on credit rating evaluation comes into being.In the pattern,administration will achieve the goal of process management and cooperation management,depending on administrative inspection which instruct social members in establishing a sense of credit and the operation of credit mechanism to enhance the impact on the behavior of administrative inspection.The first part of the paper is the introduction,which includes the significance,thoughts and methods of the research,literature review at home and abroad and the innovation of the paper.The second part is about the law enforcement idea of centralized administrative inspection.It's explained by the theoretic background,the thoughts and the opportunity to implement.The third part introduces the constitution of the administrative law enforcement pattern based on credit rating evaluation,by defining its subject,object and the content and analyzingmeans and feature,combining with practice of the administrative law enforcement.The forth part states the effect of the administrative law enforcement pattern based on credit rating evaluation on the constitution of starting standard of administrative inspection.The pattern will be fair and efficient for administrative inspection through the standard of single-blind and probable case.The fifth part is about mechanism shifting the key point of administrative law enforcement to inspection by administrative law enforcement pattern based on credit rating evaluation.It will have an influence on weakening punishment and enforcement and strengthening inspection.The last part of the paper introduces potential difficulties and judicial review of administrative law enforcement pattern based on credit rating evaluation.The pattern will solve the problems of regulatory capture,license of alienation and using too much of credit rating evaluation,by the means of judgement of justiciability,identified beurteilungsspielraum and reviewing exception of credit rating evaluation.
Keywords/Search Tags:Credit Rating Evaluation, Administrative Law Enforcement, Administrative Inspection
PDF Full Text Request
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