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Administrative License Constraints And Normative Research

Posted on:2007-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:K J TengFull Text:PDF
GTID:2206360185979654Subject:Constitution and Administrative Law
Abstract/Summary:
August 27, 2003 closing of the Fourth Session of the 10th NPC Standing Committee voted adopted on administrative licensing, and State President Hu Jintao signed Presidential Decree No. 7, promulgated the law, since July 1, 2004 1997. It should be said that the formulation and implementation on administrative licensing was an important milestone in our administrative law, administrative license will advance our laws and regulations, promote the rule of law in the whole process of China' s construction. The "rule of law" is the basic meaning in accordance with the law, and the rule of law and management. The rule of law requires the government within the law, in accordance with the law; Government and government staff who violate the law, beyond the law must bear legal responsibility. The essence of the rule of law than the government is the people, the government to the people. By the representatives of the people as reflected in the laws enacted by the organs of people's interests and wishes. Thus, the modern sense of the rule of law embodied in the government should be a shackled dance power, the size, functions, powers and means must come from the exercise of the law expressly provides that, subject to the operation of social supervision and regulation, administrative license once exceeded its statutory boundaries, will be corrected in a timely and effective manner, offenders will be punished by law, that is, have obligations as well as rights, by the law, infringement to compensation. To achieve these goals, by rights, law officers, the rule of law is the only way to achieve the administration. In this regard, on administrative licensing will play a tremendous role. Administrative license as an important executive powers, the executive law to the social, economic affairs prior to the supervision and management of an important tool is indispensable, administrative license should be subordinated to the law, to operate within the law, the law must not be in power generation. Therefore, I believe that the administrative license from the way the exercise is essential to the statutory purview exercise, beyond the terms, the abuse of power are not legitimate performance to achieve...
Keywords/Search Tags:Administrative license, Constraining, Norms
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