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Study On System Of Administrative Commitment

Posted on:2011-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:F X LuFull Text:PDF
GTID:2166360305482335Subject:Law
Abstract/Summary:PDF Full Text Request
The administration commitment is the new administrative action and the administration commitment has the modern administration service idea and the characteristic. The administration commitment is widespread utilization in the administrative activity. The administration commitment is very important at the strengthening administrative action's stability, the definition, the enhancement public trusts, reduces citizen's behavior risk, raises the administrative efficiency, and sets up government image. Because the administration commitment is the emerging administrative action, and it also has many problems and the dispute in reality. Moreover, the theorists have not brought to the enough attention in the value and status, so this paper chooses the typical case at this stage"Chen zengyue sues town government administration commitment case"to analysis the administration commitment.This paper starts expositions mainly with three parts that is to focus on the analysis of the basic theory of China's current administration commitment system, as well as ways to improve the administration commitment system, on the basis of analyzing the case this paper has chosen. The three-part interlocking to form a more integrated logical system.The first section is mainly to describe and analyze the case. What the paper describes is the typical case of "Chen sues town government for administration commitment", the standpoints of the plaintiff and defendant, as well as the content and foundation of the Court's judgment. The role of this part is to educe the focus of this article-administration commitment system.The second section deals with the basic issues that the case has reflected, including theoretical issues and current actual issues of the administrative commitment. Theoretical issues involve the concept and characteristics of administrative commitment, and the difference between administrative commitment and relevant action; the current actual issues involve that the administrator conduct administrative commitment illegally, the administrator carry out his administrative commitment improperly, and the administrator withdraws or changes his administrative commitment casually, etc. This section also thoroughly analyzes reasons for these issues.The third part is about the idea of improving administrative commitment system, include that the administrator should establish a correct view of the administrative commitment, the basic principles that the administrative commitment should follow, how to establish administrative procedures for the administrative commitment system, as well as how to perfect relative relief system. Establishing a correct view of the administrative commitment system involves the idea of integrity-government and service-oriented government. The basic principles that the administrative commitment should follow include trust protection principles, the principle of administrative efficiency, the principle of equal treatment. Administrative procedure system of the administrative commitment includes the basic principles and rules of the procedure of administrative commitment. The relief system of administrative commitment includes administrative remedies and judicial remedies, etc.The research of the administrative commitment has just started in the field of administrative law in our country. This paper analyzes and studies the current issues of administrative commitment in the reality in the form of case-analysis.
Keywords/Search Tags:Administrative commitment, Trust protection principle, Principle of confidence protecting
PDF Full Text Request
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