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Remedy and Responsibility of Negative Administrative Behavior

Author: LiShengJun
Tutor: LiShiYu
School: Guizhou University
Course: Constitutional and Administrative Law
Keywords: negative administrative behavior remedy responsibility
CLC: D925.3
Type: Master's thesis
Year: 2006
Downloads: 235
Quote: 2
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Abstract


Negative administrative behavior is an administrative action compared with administrative behavior. Negative administrative behavior is an administrative action that the administrative subject and its missionaries have some necessary special behaviors and duties to do, but they don’t perform, or inadequately perform, or delay to perform the duties in prescription or in reasonable period, thereby the legal right or public interests of citizen, judicial person and other organization are damaged.Remedy and responsibility of Chinese negative administrative behavior don’t realize theorization, institution and legalization, so remedy of negative administrative behavior is difficult to perform, and responsibility of it is more difficult to investigate. At present, the main approach of quest remedy is administrative litigation, and responsibility of negative administrative behavior is mostly state compensation. But the two items are based on concrete administrative behaviors. Administrative behavior of infringing public interest and abstract administrative behavior are difficult to obtain remedy, so they are difficult problems in research process. Under the circumstances, remedy of Chinese negative administrative behavior should be established in our situation, political system and historical tradition, and make full use of the roles of the people’s congress and standing committee in remedy. The difficulties of responsibility of negative administrative behavior are to cognize causal relation of responsibility compensation and to investigate responsibility of the people responsible for the action. In the paper several of people responsible for action are distinguished and investigation problems of responsibility of negative administrative behavior are mostly researched.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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