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Study on Give Administration Legal Regulation

Author: FuYan
Tutor: ZouRong
School: East China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Give Administration traditional management service award
CLC: D922.1
Type: Master's thesis
Year: 2007
Downloads: 354
Quote: 2
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Abstract


Give Administration is the new issue of the administrative law circle. At the present, although the concept of Give Administration had been introduced in the administrative law circle, it has not been adapted by the system of the entire administrative law, the administrative body, the administrative action and the like have not been reconstructed. So the author attempts to study on the concept of Give Administrative and analyzes our traditional administrative law to make an initial plan of Give Administration’s legal regulation.The thesis consists of the preamble, main body and the epilogue. In particular, main body is composed of three chapters.The preamble summarizes the research of Give Administration and emphasizes the significant of this thesis.The first chapter is research on the basic conception of Give Administration. In overseas, the study on Give Administration is perfect, the author introduces the theory of Germany and Japanese, combs the research of Give Administration in our country and Taiwan, and discusses the field of Give Administration: public goods and public service.The second chapter focuses on the absence of our traditional administrative law researching on Give Administration. In our first Constitution Law, the idea of Give Administration had been embodied. With the development of our society, the government functions have extended in the field of Give Administration, such as building social security system, implementing compulsory education. While our traditional administrative law was built on management, law theory and system is absent in Give Administration.The third chapter discusses Give Administration’s legal regulation. In modern administration, the status of Give Administration is becoming more and more important, so we should pay more attention to it. How to regulate Give Administration, the author considers that it should consist of three aspects. The first is the principles of Give Administration, such as law reservation, law superiority, and the principle of proportionality, the principle of equal treatment, the principle of trust protection and the principle of subsidiary. The second is the way of adjustment to Give Administration, such as contract, planning, subsidization, information released. The third is citizens’right to relief in toady’s era of Give Administration.In the conclusion, the author summarizes the content of this thesis.

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