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Research On The Legal Regulation Of Administrative Scoring

Posted on:2020-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:S J ZhengFull Text:PDF
GTID:2516306452972209Subject:Administrative law
Abstract/Summary:PDF Full Text Request
Administrative scores have a long-term and rich practical basis.However,due to the fact that academics and practice have their own legal status and nature of behavior,they still have a lot of disputes and unresolved issues.Their functional positioning has not been fully demonstrated,but also in terms of behavior,procedures and relief.There are anomie in the aspect.Through empirical research and normative analysis,the paper sorts out the actual situation of administrative scores,reveals the root cause of its legal status and unclear attribution,and on this basis,explains the progressive influence of administrative scores on the rights and obligations of relatives,and advocates administrative Score is an independent administrative act;and it is a confirmation of the legal facts of the relative's violations,degree,etc.,and it is an administrative confirmation act.Based on this positioning and characterization,a targeted regulatory path was proposed to respond to the anomie in the practice of administrative scoring,and to release the institutional and functional benefits of administrative scores and to protect the relative rights and interests.Based on the above ideas,in addition to the introduction and conclusion,the main body of the paper is as follows:The first part,the current status of administrative scores.This section aims to establish a true and three-dimensional overview of the status quo based on the administrative scoring practice itself.On the basis of combing the texts of administrative scores and related cases,the outlines of the applicable fields and their manifestations of administrative scores are elaborated,their functional orientations are refined,and the anomie problems appearing in practice are revealed.The second part is the root of the problem of administrative scores.Based on the overview of the current situation,the root of the existing problems of administrative scores lies in its legal orientation and qualitative ambiguity,and further points out the many theoretical statements and defects of the existing academics on the positioning and characterization of administrative scores.The third part is the theoretical interpretation of the independent status of administrative scores.This part aims to uncover the theoretical "fog" of administrative scores from three dimensions and demonstrate its independence: first,the actual influence of the rights and obligations of administrative scores and the gradual influence of influence.Second,the structural elements of the administrative scores fully confirm that administrative scores are a complete and self-contained normative system that is different from administrative punishments such as administrative punishment.Third,further demonstrate that administrative scores are independent of parallel behavior and follow-up behavior on the basis of normative analysis.The fourth part is the administrative score for administrative confirmation.This part aims to further explain that the administrative scores meet the administrative confirmation of the characteristics,form and content of administrative confirmation of legal relationship elements,which should be attributed to administrative confirmation.The fifth part is the regulatory path of administrative scores.Based on the positioning and qualitative conclusions of administrative scores,this section proposes targeted regulatory paths such as pre-,post-,and post-existing issues on the existing problems of administrative scores.
Keywords/Search Tags:Administrative Score, Independence, Administrative Confirmation, Regulatory Path
PDF Full Text Request
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