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On Public Participation In Administrative Law Enforcement

Posted on:2020-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2436330572987098Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The public participation in Administrative Litigation Law of the People's Republic of China enforcement has gradually developed with the advancement of contemporary democratic administration.Further introduction of public participation into the field of administrative law has gradually become the future development trend of Chinese administration.Public participation in administrative law enforcement refers to a series of administrative activities in which the public directly participates in the administrative organs.The scope of the public is not limited to administrative counterparts and interested parties,but should also include a wider range of social subjects.The main forms of public participation in administrative law enforcement in China include self-help participation,supervisory participation and assisted participation.These forms of participation still have many difficulties in the practice process.For example,the quality of public participation in administrative law enforcement is uneven,and the public participation in administrative enforcement of law lacks a corresponding guarantee system.This leads to a significant degree of public participation and its effect,which in turn leads to adminitrative enforcement of law failing to achieve its ultimate goal.Most scholars in the field of administrative law in China pay more attention to public participation and related issues in administrative legislation and major administrative decision-making,but they pay less attention to public participation in adminitrative enforcement of law,which leads to public participation in adminitrative enforcement of law only in theory and practice.The problem lacks in-depth research and effective protection.Public participation in adminitrative enforcement of law is not only conducive to protecting the legitimate rights and interests of the public,but also effectively supervising the executive authority to exercise administrative power.The existing relevant systems in China still have shortcomings compared with the public participation hearing system,the law enforcement performance evaluation system andthe open system in administrative enforcement of foreign law.The public participation system in Administrative Litigation Law of the People's Republic of China should be improved from the following aspects: First,in the administrative law enforcement hearing system,the unrelated third-party public should be included in the scope of the hearing subject.Secondly,the scope of the public agency's public law enforcement information should be improved in the administrative enforcement of law on information disclosure system.Thirdly,in the performance evaluation of administrative law enforcement and the administrative reporting reward system,the scope of public participation is further clarified.Finally,improve the administrative accountability system in executive law enforcement and let the public become the main body of administrative accountability.
Keywords/Search Tags:Administrative enforcement of law, Public participation, Supervision, Administrative power, Legal rights
PDF Full Text Request
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