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Study On The Lawsuitability Of Civil Servants' Administrative Sanctions

Posted on:2019-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiuFull Text:PDF
GTID:2416330590962583Subject:Law
Abstract/Summary:PDF Full Text Request
The maintenance of rights requires the follow-up of legislation,and the enforcement of administrative power requires the improvement of legislation.With the deepening of the rule of law in general,how to protect civil servants after administrative sanctions by administrative agencies? How to obtain judicial relief? It has become an urgent need to explore and solve problems.This paper will take the case of civil servants' administrative punishment as the entry point,analyze the current remedies for civil servants' administrative punishment and whether the existing system can fully guarantee the individual rights of civil servants.Through the discussion of the relevant theories of internal administrative behavior,this paper analyzes Current legislation excludes internal administrative actions from the cause of litigation.Then,through the discussion of the theory of the scope of the case,the study explores the necessity and feasibility of including the administrative sanctions into the scope of administrative litigation.At the same time,it analyzes the impact of the theoretical breakthrough of the scope of the case in the revised Administrative Procedure Law on administrative sanctions,and draws on the many legislative experiences of foreign developed countries on the suitability of administrative sanctions.Finally,the article explores the path to achieve the administrative action.In order to better protect the legitimate rights and interests of the civil servants,better supervise and restrict the administrative organs to exercise their powers according to law,the administrative organs of the civil servants should be included in the scope of administrative litigation.Ensuring the protection of the legitimate rights and interests of civil servants through the law and strengthening the discipline and supervision of the administrative organs is conducive to motivating the civil servants to perform their duties better and serve the people.
Keywords/Search Tags:administrative sanctions, administrative disciplinary action, internal administrative actions, scope of accepting cases, administrative litigation
PDF Full Text Request
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