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On the principle of proportionality applicable in the administrative enforcement of

Author: GuoZuo
Tutor: LiuChunPing
School: Heilongjiang University
Course: Constitutional and Administrative Law
Keywords: the principle of proportionality administrative enforcement application
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 132
Quote: 0
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Abstract


The first thing to study the application of the principle of proportionality in the administrative enforcement is to define the two meanings clearly, and then analyze its theoretical value and practical values effectively. Meantime, Considering and referencing extraterritorial country’s legislation model is very necessary. Extraterritorial country’s administrative enforcement model can be divided into two types: one is concentration and the other is dispersion. While in China, the model of administrative enforcement is mainly centralized legislation type, and supplemented by the provisions. Despite the improvement in the rule of law is continuing, the field of administrative enforcement also emerged a series of problems, the application of the principle of proportionality brings new methods to solve these problems. Whether in the administrative enforcement or in the court enforcement, whether in the coercive measures of property or in the coercive measures of physical, it’s possible to summarize some regular patterns and ways. However, because of the limitations of the principle of proportionality, it is especially significant to find methods to overcome the limitations and play its greatest advantage in the application.

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