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Our Administrative Enforcement Of The Legal System To Improve The Research

Posted on:2009-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2206360245976513Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Compulsory as the administrative means is essential to a state or a government. It concerns about that if the administrative management can perform the info-efficiency, but modern social's development asks the government transforms its conception and function, administrative acts must stand on citizen, stress the government's quality of service and regulation. There is sharp-pointed contradiction and assault between compulsory and service, how to harmonize them and make government's compulsory power and function of service complement each other, it's the goal of this thesis.At first, this thesis defines the conception of administrative compulsory execution, then analyzes its theory and principle. According to the concerned items of the laws, at present, china is carrying out the administrative compulsory execution system with the principle of applying to the court for compulsory execution and the administrative department self-reliant execution enforces for the exception. Through analyzing the practice of the system in the current situation in our country, we can catch much weak points. It will damage court's neutral status if court executes any idiographic administrative act, and will be against offeree's remedial rights. It affects the administrative efficiency of administrative organ. Based on historic and dialectical reasons, this thesis puts forward some advisable situations, and aims at the procedure of administrative compulsory execution, tentative plan is fixed up. This thesis analyzes and reference the foreign theory and practice, the new system must be suitable for the country's basic national conditions. So, this thesis tries to establish a scientific and reasonable institution of administrative compulsory execution.
Keywords/Search Tags:administrative compulsory execution, the system of administrative compulsory execution, reconfiguration, the law of administrative compulsory execution
PDF Full Text Request
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