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On the System of Administrative Assistance

Author: WeiDong
Tutor: ChenJinSheng
School: Shanxi University
Course: Constitutional and Administrative Law
Keywords: Administrative assistance Guarantee of human rights Remedy of rights Ascertainment of the responsibility
CLC: D922.1
Type: Master's thesis
Year: 2006
Downloads: 253
Quote: 1
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Abstract


The system of administrative assistance is an important legal system all over the world though the forms of it are different. As a safeguard system of human right, it plays an important role in protecting the stability of the society, promoting the development of economy, and forming the harmonious socialist society. The more important point is that the system of administrative assistance is given special meaning which is one of the important legal systems in the background of socialist state.It is well known that the sense of administrative assistance is changing from the supervision into the service, and it offers a turning point and a platform to form the system of administrative assistance. The function of it is not only to offer the legal basis for the subject of the administration when they give the administrative assistance, but also to give service to the private party in administrative process to protect human rights.With the depth of the process that our country runs the country according to law, the people’s legal consciousness is being strengthened constantly, and the establishment of the socialist market economy has set the basic economic foundation of transformation of the government function which is services but not supervision. Meanwhile, the sense of system of administrative assistance is changing quietly. The relationship of the administrative subject and the private party in administrative process is not just "order—obedience" any more. The act of the administration is not only purely supervision, but also give good service to the private party in administrative process. It is not only demanded formally, but also substantially. But at present, we still have some lagging points in the theory and lacks in practice. As an important legal system in managing state affairs in accordance with the law, it should be perfected. We do not have unified system of administrative assistance. Some relative contents are in the law, regulation, and other documents of administrative norms. The establishment of the socialist market economy, thetransform of the government function, the participation of Citizen Economic Society Culture Right International joint Pledge, and importance of the protection of human rights force us to establish a unified system of administrative assistance.The purpose of the paper is to form a legal frame of the system of administrative assistance. The writer has collected a lot of material, used comparison and demonstration method, given the concept of administrative assistance, investigated the theory basis of it, traced back to the transformation of it all over the world, learned a lot from other’s lessons, and finally expounded the main principles of the system of administrative assistance, the procedures of the system of administrative assistance, the remedy of rights of the system of administrative assistance, and the ascertainment of the legal responsibility of the system of administrative assistance, which set the basic theory foundation for the legal system of administrative assistance and the establishment of the nation of the socialist legal system. At last, the system of administrative assistance set the legal theory foundation for the establishment of the harmonious society.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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