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The Protection Of Private Rights In The Coercive Execution Of Administration

Posted on:2009-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y S WangFull Text:PDF
GTID:2166360308478531Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
As a state power that seriously Impacts counterpart rights, the protection of private rights in the coercive execution of administration is essential. China has initially formed a pattern that the principle to apply courts for coercive execution, and the exceptions to executive by the authorities. However, there are lots of problems to violate counterparts' rights in the existing system from the practice of the coercive execution of administration. These problems need legislation to resolve. This paper has proposed a pattern that exercises executive powers by the executive and reviews it by court, and a way of remedy that undertakes the liabilities by the court who makes the decision because of illegal action in the coercive execution of administration through the introduction and analysis and based on the different reformed idea, in order to protect the rights of the counterparts.The first chapter is the introduction; the author discusses the purpose and significance of the literature review, research, innovation, and the structure of the article.Chapterâ…¡The general description of the coercive execution of administration and private rights; Firstly, the author introduces the concept, feature and character of the coercive execution of administration; Secondly, the author introduces the private rights, and analyzes the relation of coercive execution of administration and private rights.Chapterâ…¢The general description of the coercive execution of administration of foreign countries; the author analyze the concept, feature and subject mode of the coercive execution of administration and the status of the protection of private rights of foreign countries.Chapterâ…£The status of the protection of private rights in the coercive execution of administration in our country; the author elaborates the law and judicial remedy of the protection of private rights in the coercive execution of administration in our country.Chapterâ…¤The argument about how to consummate the protection of private rights in the coercive execution of administration; In this chapter, the author introduces some viewpoints about consummating the protection of law, the protection in the process of execution, and reforming the status of judicial remedy; The conclusion is a summary of this paper and an outlook of the protection of private rights in the coercive execution of administration in our country.
Keywords/Search Tags:Coercive execution of administration, Private rights, Power, The protection of private rights
PDF Full Text Request
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