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On The Imputation Principle Of Illegal Entry And Exit Administrative Punishment

Posted on:2019-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:K LiuFull Text:PDF
GTID:2416330590978408Subject:Law
Abstract/Summary:PDF Full Text Request
The administration of entry and exit ACTS is an important means for a country to exercise its administrative power.The subject is the citizens of the country where it is located and the foreigners who enter and leave the country.The administration of entry and exit is unique,professional and different from the general administration.At present,with China's economic development and increasing exchanges with foreign countries,both in the political,economic and cultural aspects are inextricably linked,so the entry-exit administration is very important and necessary.With the gradual deepening of China's rule of law and the improvement and development of laws to adjust various social relations,the entry-exit management system is no exception.The entry-exit management system plays a very important role in maintaining national stability,safeguarding social security and safeguarding the rights and interests of entry-exit actors.Although the laws governing illegal immigration are improving,there are still some deficiencies in the legal provisions.One of the most important points is that there is no clear definition of whether subjective fault is considered as an illegal condition in the administrative punishment law or the exit and entry administration law.That is to say,the rules and principles of administrative punishment are not clearly pointed out in the law.Therefore,administrative organs have more discretion in carrying out exit and entry penalties and are prone to case inequality.Different theories have different views,which will have a negative impact on the unity of law application.Under certain circumstances,the state is in the need of safeguarding social and public interests,and it is in the national interest to regulate related administrative illegal ACTS.If we judge the role of subjective factors of the actor in the establishment of administrative punishment only according to the explicit provisions of the legal provisions,we can only protect the actor's legitimate rights and interests in form.Inconsistent with the current requirement for respect and protection of personnel by law.In addition to the specific provisions of the law,considering the actor's subjective faults as one of the elements of administrative punishment can better protect the actor's legitimate rights and interests,safeguard social equity and justice,and truly realize the substantive rule of law.So the author on the study of the entry and exit the offender subjective fault absorption law on administrative punishments related theory,and also analyzed the law of the People's Republic of China on the administration of entry or exit,and combined with the advanced experience at home and abroad,put forward for the entry-exit people will impose administrative punishments against the administrative violations as suggested that the principle of imputation.On the one hand,subjective fault is used as the important factor to determine the illegal behavior.On the other hand,the principle of presumption of subjective fault is taken as the principle of imputation of administrative punishment to gradually realize the equality of individual cases and safeguard the legitimate rights and interests of parties.Therefore,the basic structure of this paper includes four chapters.The first chapter introduces the current status of administrative penalties for illegal entry-exit ACTS and the existing problems in the current entry-exit laws and regulations system.Chapter two analyzes the legal basis of the application of subjective fault in administrative punishment and the constitutive elements of fault imputation for illegal entry and exit ACTS.The third chapter introduces the legislation and practice of the principle of imputation of administrative punishment.The last chapter introduces the author's Suggestions on the improvement of administrative penalty of illegal entry and exit.
Keywords/Search Tags:Illegal Entry and Exit, Subjective Fault, The Principle of Imputation, Principle of presumption of fault
PDF Full Text Request
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