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Research On Legal Review System For Major Enforcement Decisions

Posted on:2021-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:X J CaiFull Text:PDF
GTID:2506306224455734Subject:Constitution and Administrative Law
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As the legal procedure of major law enforcement decisions,legal review is the highlight of the party in promoting the construction of the government under the rule of law,which has positive significance for the administrative organs to make the administrative decisions correctly.At present,although many provinces in the country have formulated normative documents for legal examination,there has not been a unified model in various localities.How to construct the specific system of legal examination and prevent the executive head from arbitrary decision has become an important problem to be solved.In order to solve these problems and promote the improvement of the legal audit mechanism for major law enforcement decisions,we should mainly start from the internal control of administrative organs,use the system support of the system of head responsibility,refine the main body,scope,content and procedure of legal audit,and the classification,effectiveness and influence of audit results,put forward improvement plans that are in line with China’s national conditions,and promote the rigidity of legal audit mechanism Construct effectively.This article mainly discusses from the following four parts: Part 1: Explain the origin and definition of major law enforcement decisions as legal review.By sorting out the development process of the legal review system,we understand and position its connotation and clarify the scope of application.At the same time,it analyzes the "major" standards in major law enforcement decisions,discusses the difference between "major law enforcement decisions" and "major administrative decisions",and highlights the necessity of the system.And the self-positioning of the audit system is used as a breakthrough point,and the boundary of the system is clarified through comparison with the existing system.The second part: Mainly talk about the basic value of the system and the requirements of administrative law.The basic value of the review system is used to explain its guiding role and positive impact on social governance and the formulation of the Chinese Administrative Code.Explore the basic requirements of the law review system for major law enforcement decisions in the application of the rule of law with the principles of administrative law.Part III: Systematic analysis of the legal review system for major law enforcement decisions,from five aspects of institutional personnel,review procedures,review standards,review conclusions,and human culture,analyze the problems in law enforcement practice,and expand the reasons for this analysis.The fourth part: According to the analysis of problems and reasons,from the perspective oflaw-based government administration and administrative law theory,on the current stage of solving the difficulties faced by the legal review in major law enforcement decisions,the audit body is clearly defined,the audit scope and standards are unified,and the audit procedure is improved The five aspects of the review time limit,the conclusion and effectiveness of the legal review,and the establishment of the supervision system propose specific construction and improvement plans to protect the rigid construction of the system.
Keywords/Search Tags:major enforcement decisions, legal review, internal administrative acts, in-process review, law enforcement supervision
PDF Full Text Request
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