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The Conflict And Balance Of Industrial And Commercial Administrative Enforcement Power And Citizen Right

Posted on:2013-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:H YangFull Text:PDF
GTID:2246330395470202Subject:Law
Abstract/Summary:PDF Full Text Request
"Administrative law enforcement" is a normative legal, the method by improving the leg al system to regulate the exercise of the right of administrative enforcement, try to seek the compulsory administrative power and civil rights balance. At the same time, the law estab lished by the administrative compulsory basic principle as well as the administrative comp ulsory implementation procedure has changed the traditional mode of administrative enforc ement, contribute to the radical administrative compulsory system problems, to ensure and supervise the administrative organ to perform their duties in strict accordance with the law, improve administrative efficiency, to safeguard public interests and social order, protection of citizens, legal persons and other organizations of the legitimate rights and interests is of great significance.The administrative Authorities for Industry and Commerce undertakes investigating unfa ir competition, commercial bribery, smuggling and other illegal economic behavior and sta ndardize the market management order and maintenance of various types of liability. Admi nistrative enforcement of law enforcement as the important means of exercising administra tive power, is a strong guarantee, is the area to maintain economic order of the powerful m eans, is to promote all kinds of market main body to obey the law of effective methods, but on the other hand, as with national force to handle most of people’s internal contradiction of administrative compulsory power, direct effect civil rights, such as the implementation o f improperly can cause compulsory administrative power and civil rights conflict. The two intense conflict will certainly affect the industrial and commercial departments of letter and execution, so how to according to "administrative compulsory law" in investigating and d ealing with the illegal behavior of mandatory administrative process for compulsory admin istrative power and civil rights balance is very important. The previous research works are based on the industrial and commercial administrative law enforcement, pay more attention to the authorities to exercise the power of administrative enforcement, but not from the m aintenance of civil rights point of view. This paper intends to analyze the industrial and co mmercial administrative organs in the process of law enforcement, conflict, and tried to ex plore how to do compulsory administrative power and civil right balance between.This thesis is divided into three parts, first is the administrative compulsory power, civil rights have a general overview, and as an unfolding below foundation, followed by the ind ustrial and commercial administrative enforcement power and citizen rights conflict inevita bility of interpretation, finally, is the core part of the thesis, is to explore the business office in practice of law balance the relationship between the two is the effective way to achieve the implementation of administrative law enforcement, and protect the rights of the citize ns of the united.
Keywords/Search Tags:Industrial and commercial administration, administrative enforcement power, civil rights, conflict, balance
PDF Full Text Request
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