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Legal Regulation Of Administration Civil Negotiorum Gestio Behavior

Posted on:2020-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:B ZengFull Text:PDF
GTID:2416330572986449Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of modern administrative law,the current administrative law focuses on adjusting the relationship between public and private rights,from studying how to regulate public power to better protecting private rights and protecting the rights of citizens,legal persons and other organizations.Freedom,which requires the executive to be passive and passive in managing social affairs.In today's society,with the goal of "building a service-oriented government",the functions of administrative organs are constantly changing,the concept of social management is constantly innovating,and the way of social management is constantly changing.This requires administrative agencies to achieve social management when necessary.Safely and proactively intervene in civic affairs by safeguarding the legitimate rights and interests of citizens,legal persons and other organizations,or in the interests of the public interest.In some cases,administration civil negotiorum gestio will be carried out,and the administration civil negotiorum gestio of certain social affairs has become a kind of normal.However,how to balance the conflict between the two is a problem.Under this circumstance,the administrative authority for the nature of civil negotiorum gestio,subject,management scope,management method,manager's rights and obligations,legal consequences,and legal protection.Legal regulation to ensure that the administration civil negotiorum gestio behavior is carried out in an orderly manner is the focus of this paper.The administration civil negotiorum gestio organs stems from negotiorum gestio,the administration civil negotiorum gestio of civil affairs is a management that is carried out for social or private affairs in order to protect the public interest of the society or the interests of others.Ordinary civil negotiorum gestio protects private interests by managing the interests of others.For the administration civil negotiorum gestio behavior of the administrative organ is a private law behavior with public law attribute,its regulation should also be carried out in the existing civil negotiorum gestio system,and can learn from the mature principle and relatively complete normative system in the civil negotiorum gestio.And with reference to the provisions of the Administrative Law on how the administrative organs are legal and reasonable to implement administrative actions,and stipulates the special aspects of the administrative organs as administrators,and other places where there is no particularity still apply the civil negotiorum gestio.Provisions,thereby regulating the administration civilnegotiorum gestio of civil affairs.This is of great significance for improving the civil negotiorum gestio system,regulating the participation of administrative organs in civil activities,adjusting the relationship between administrative organs and citizens,legal persons and other organizations,and building a service-oriented government.
Keywords/Search Tags:The administration civil negotiorum gestio, Abuse of rights, Not acting, Legal regulation
PDF Full Text Request
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