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Research On The Procedural Regulation Of Discretion Of Administration Supply

Posted on:2015-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:J C LuFull Text:PDF
GTID:2296330467454065Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The development of modern Supply Administration promotes the expansion ofthe government’s function, urging the government into providing more service andpayment. In the process of performing functions, the government extensively takesadvantage of administrative discretion, expanding the scope of administrative power,which deeply influenced the development of the society and people’s life. In order toachieve the goal of guaranteeing the government’ supplying function and making theadministrative discretion in order, it is necessary to set up a corresponding regulationmechanism to deal with this headache. In the modern society, it is advised that thelegal regulation system in this field covers both the substantive as well as theprocedural aspects. Therefore, basing on the traditional level of the substantiveregulation in this area and combining with the status quo of it, the author will dig intothe subject of the procedural issue of Supply Administration in China.First of all, limiting the Discretion of Executive Pay by procedural rules has itsrealistic necessity. On one hand, in essence, the government exercises its Executivepower in this process. During the process of bringing benefits, safeguard and serviceto the citizens, if lacking the corresponding rules and regulations to discipline thegovernment’s activities, it will lead to the abusing of power, which triggers a seriesnegative influence on people’s life as well as the operation of the “Big Brother” itself.On the other hand, the legal system of the Supply Administration is relatively backward. It is easy to figure out that there is a great deal of problems existing in thisaspect, such as the low level of the regulations, the deficiency in the rules ofprocedure, to name but not a few. The last but not the least, the current administrativepayment activities involve a large number of individual and public interests, whichshould be well balanced by the government.Moreover, the procedural regulation on Administrative Payment Discretion has itsown advantages. For instance, the administrative payment activity has more brilliantopportunities for citizens to take part in this process, contributing to form thereasonable restriction and supervision of the Executive Payment Power. As a result, inthe construction of procedural regulation mechanism of administrative payment, weshould conform to the requirements of the legitimacy, trying to promote the rationalityof this whole program.Hence, to recap what has been mentioned above, we need to make a morefeasible regulation that is suitable for the present pay practices. Combined with thecharacteristics of administrative payment in China and present situation ofconstruction of administrative payment procedural regulation mechanism, in myopinion, to begin with, the government should explain the reasons by means ofinformation disclosure and the hearing system to improve the system of governmentadministrative benefit program. Furthermore, to promote administrative approaches, itis necessary for the government to enhance the rationality of the administrativepayment procedure and regulation force. In addition, we should establish the systembasing on the application of the relief system of administrative benefit program whichincludes administrative procedures, payment request to participate in the program,implementation procedure and relief and so on. Only in this way can the startapproaches be more diversified,the citizens’ rights become more realistic as well asthe operation of the government tends to be more reasonable.
Keywords/Search Tags:The Supply Administration, Government’sDiscretion Power, Procedural Regulation, The AdministrativeProcedure
PDF Full Text Request
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