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Discussing The Builting Up The System Of Administrative Law Enforcement Settlement In Our Country

Posted on:2011-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:M LiuFull Text:PDF
GTID:2166360305476748Subject:Law
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There is not regulation about the system of adminstrative law enforcement in legislation, but it has been applied in practice.Because of the absence of legislation it makes the use of administrative law enforcement settlement the state of chaos in practice, which hinders the system to play apostive role.The meaning of settlement of adminstrative law enforcement system is that, during the praess of administrative enforcement, the administrative body can not sure about the fact or legal relationship which administrative decisions to be based on, or due to the high inusetigation costs, then it makes mutual concession with administrative counterparts and reach a written agreement in order to achieve administrative objectives. It differs from the mediation and the settlement in administrative litigation.The system of administrative law enforcement settlement embodies the moderm conmcept of deliberated democracy. It emphasizes the balance between fairness and efficieny, rule of law and essence of law, public and private interest. Scholars in U.S., Germany,Taiwan etc.exploes actively in settlement system.They stress the consensus in dispute resolution in both legislation and practice, which provides valuable expreience to build up our system of administrative law enforcement settlement.The system of administrative law enforcement in China has some fcasibility and realistic basis. To fulfill its function and resolving disputes, there should be regulations about its operation, principles, scope, procedures and supervision in legislation. Therefore, it will be better protect the interests of administrative counterparts, and prornote administrative loady administratives according to law and serves administrative, then adapt to the valua of social development goals.
Keywords/Search Tags:law enforcement settlement, deliberated democracy, nomocracy adminitrativelaw
PDF Full Text Request
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