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The Analysis About The Administrative Handling Case Of Luo Jun V. Human Resources And Social Security Department Of Guangdong Province By The Administrative Law

Posted on:2019-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:K W XieFull Text:PDF
GTID:2416330566499857Subject:Law
Abstract/Summary:PDF Full Text Request
This article focuses on the analysis of administrative handling disputes by Luo Jun v.Human resources and social security department of Guangdong Province.By clarifying the difference between administrative punishment and administrative punishment in theory,it is necessary to determine the abolition of the qualification of the civil service examination,and the legitimacy of the state human resources and Social Security Department of the Ministry of human resources and social security of the Ministry of social security.Through the investigation of the theory of judicial interpretation of the uncertain legal concept,the judicial interpretation scheme of "the use of communication equipment" in the treatment of violation of discipline and discipline in the civil service examination is put forward.Through the investigation of the principle of due process,the procedural illegality of the Guangdong Provincial Department of human resources and social security in the course of making administrative acts is analyzed.In terms of the requirements for the specific administrative decisions,the illegality of the accused specific administrative acts in the process of service is analyzed and suggestions for improvement are put forward.This article also analyzes the legal application of the judicial principle of internal administrative externalization,which is put forward by the Supreme People's court in the case of No.22,from the nature of the internal administrative handling of the accused administrative act.Through the basic elements of the administrative fact identification and the theory of discretion limitation,it points out the mistake of the people's Court on the lack of facts of the accused administrative act,and the obvious inappropriate judgment opinion of the accused administrative act.Therefore,this article follows the basic method of case analysis,from the introduction of the basic case to the analysis of the substantive and procedural issues of the case,and finally makes a further reflection on the relevant substantive issues of the case.
Keywords/Search Tags:Administrative punishment, Uncertain legal concept, Due process, Externalized internal administrative action
PDF Full Text Request
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