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Administrative Planning Changes In The Interests Of The Protection Of The Rights Of Man

Posted on:2013-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:K L ZhaoFull Text:PDF
GTID:2266330401982235Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative Planning is not only a blueprint that helps Administrativeauthority to achieve administrative purposes, but also a model of administrative act,which is widely used in multicultural society nowadays. Different kinds of benefitsare entangled with each other in the more and more complicated laws, especiallybetween the private interest and public interest. this phenomenon exists in our socialrelationship unavoidably. However, a plenty of plan and change drifts away from thelaw, such as planning power abuse and illegal planning, which makes housingdemolition and land expropriation very controversial in recent years. The change inthe program and substantive law can protect interested party’s benefits to the limit. Atthe meantime, it is also the objective requirement to promote the functiontransformation of the government and establish service government. On this paper, theauthor puts forward some personal ideas on the angel of the protection of interestedparty’s benefits on the basis of others’ research achievements and foreign nowavailable planning change. Trough the ways of theoretical analysis and analyticcomparison between China and foreign countries, the author make efforts on deepexplorement on the rights and interests protection of obliges Administrative Planningfrom different levels and angles. There are four parts as follows.Chapter one is the rise of Service Administration and the highlight of position ofadministration planning. This one is basis of the paper, which introduces therequirements of administrative subject briefly in the real sense, coming up with themeaning of planning and basic understanding.Chapter two is about the analysis of obliges from the angle of service government. In this chapter, author analyse the administration planning at home andabroad.Firstly, from the existing Multiple interests Angle, analyse the non-coordination of the between the public interest and private interest, and conclude thatthe private interest should not be neglected. Then talk about the functiontransformation of government from the angle of administrative subject andargument realistic significance of the protection of interested party.Chapter three is about the related cases. It explores the protection of interestedparty in the administration planning change. Start from the basic principle, as Trustprotection principle to be the premise, argument the limit and methods of protectionof interest. Meanwhile, divide the ways of protection of interested party to be threeparts, which is prevention, control and relief.Chapter four explores the protection of interested party’s rights and interestsfrom the judicial review. As the last line of defense, judicial review is of greatsignificance. Therefore, it is very important to bring administration planning intojudicial review. We should put forward some related new ideas on protection of rightsand interests, through the specific related foreign examples.
Keywords/Search Tags:Service-oriented government, Administrative planning modification, Rights and interests protection
PDF Full Text Request
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