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Administrative Guidance Problems of Legal Remedies

Author: WangXiaoYan
Tutor: ZhouShi
School: Northeastern University
Course: Constitutional and Administrative Law
Keywords: Administrative guidance Theoretical foundation Legal relief
CLC: D922.1
Type: Master's thesis
Year: 2008
Downloads: 85
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Abstract


Currently, the administrative guidance has been generally used in various administrative fields , and will gradually replace the administrative orders while the become a modern government administration the important means. But in practice also produced a many negative effects , associated with this -related disputes is also constantly the emergence of . Which is obviously not conducive to the full play to the administrative guidance the positive role . Therefore, the through institutional the perfection and innovation will administrative guidance behavior of incorporated into legal remedy system, and for the maintenance of administrative relative person legitimate rights and interests and the promotion of administrative organ conscientiously perform their duties , the realization administrative guidance the rule of law oriented , is of great practical significance. Paper is divided into six chapters. First chapter , introduction, mainly to clarify the paper's selected topic background and significance of the , and the are using literature has made a overview ; second chapter , administrative guidance 's basic theory, from the administrative guidance the concept of to start, analyzed the administrative guidance the nature of the , and introduced the administrative guidance 's classification and its administrative guidance legal relief 's jurisprudence foundation. For our country administrative guidance legal Relief System consummate provides a theoretical basis ; third chapter , our country administrative guidance legal relief status quo AND root cause analysis , this part of the mainly for administrative guidance 's responsibility allocation and relief system aspects of the the problem while the unfold , and its generate the root causes of conducted a discusses the ; fourth chapter , the foreign administrative guidance legal relief system of the draw, through the learn from foreign of practice, put forward the Enlightenment to China ; fifth chapter , consummate our country administrative Guidance legal relief 's thinking, put forward cope with administrative guidance strengthen supervision and , a clear responsibility , right legitimate rights and interests are harmed affected by guidance Fang to provide effective legal remedies ; Chapter VI , conclusion. Innovation of this paper point of concentrated in the perfecting our national administrative guiding legal instrument, Relief countermeasures aspects of . First , a clear with the administrative guidance Relief the related administrative the responsibility of guiding allocation problem. Second, improve the Administrative Guidance legal relief 's pathway , will administrative guidance incorporated into the our country legal Relief system of to go, in order to better safeguard the citizen, legal persons and other organizations of the legitimate rights and interests.

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