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Administrative Monopoly Regulation Of Certain Legal Issues

Posted on:2013-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:F Y ZhangFull Text:PDF
GTID:2246330374490278Subject:Law
Abstract/Summary:PDF Full Text Request
In view of China’s current regulation of administrative monopoly, there are manyproblems. The author through the collection of hundreds of specific administrativemonopoly case, combined with the existing laws and regulations in an attempt to putforward some useful suggestions on the regulation of administrative monopoly. Thispaper focuses on the problem of administrative monopoly Lawsuit Scope ofadministrative monopoly behavior finds its judicial review of administrative lawenforcement agencies on administrative monopoly administrative enforcementpenalties through empirical research on these issues and to identify the regulation ofadministrative monopoly the feasibility of measures. Administrative monopolyLawsuit Scope, I first legislative status quo of administrative monopoly litigationelaborated analysis of the limitations of the current administrative monopoly behaviorby the case, combined with the admissibility of administrative monopoly behaviorcase to illustrate the problem of its existence. Proposed to abstract administrative actsincluded in the administrative proceedings by the scope of the case, andadministrative monopoly to be judicial review to be the perfection of the legislation;finds its judicial review of administrative monopoly behavior, first pointed out thatthe administrative internal control mode and the mode of judicial review of identifiedadministrative monopoly behavior in two ways. And then pointed out that within thepresent stage the Chief finds that the lack of administrative monopoly way to analyzeits problems in specific cases, put forward the identified administrative monopolybehavior is the best way of judicial review, or a combination of judicial review, andhow to put forward their own proposals for judicial review; the punishment ofadministrative law enforcement in the administrative institutions of the administrativemonopoly, monopoly of administrative punishment case pointed out that the statusquo for the regulation of administrative monopoly, the law gives the right ofadministrative law enforcement agencies punishment legislation and administrativelaw enforcement agencies specific situation to that problem, and standardizeadministrative penalty discretion, and made recommendations on aspects of lawenforcement supervision of the administrative law enforcement agencies and throughthe establishment of the anti-administrative monopoly law enforcement agencies to improve administrative penalty perfor mance.
Keywords/Search Tags:Regulation for administrative Monopoly, Administrative monopolyproceedings, Judicial review, Administrative enforcement penalties
PDF Full Text Request
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