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The Analyse of Execution of Public Rights of China-some Thoughts Evoked by City Supervises Beating Persons

Author: XiaHui
Tutor: LiZan
School: Sichuan University
Course: Legal
Keywords: Public rights Private rights Restricted Theory Oversight mechanisms
CLC: F299.24
Type: Master's thesis
Year: 2007
Downloads: 582
Quote: 2
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Urban management and beating constantly seen in the media individual events from a map of the deficiencies and defects in the operation of public rights in China. There are all sorts of strange phenomena in the actual running of public power, urban management and batterer is just one. Departments for their own interests, the ultra-right or the illegal legislators; administrative departments in order to facilitate the management and willfully put his hand to private rights field; certain judiciary can have more fine couples who broke into the grasp of obscene Yes; thrown for income generation, the innocent students shelters to death also. We can not help but ask: how a society? Public authority on behalf of the State of credibility how to become a tool for the infringement of citizens' private rights do? Wanton violation of the misuse of public power and private rights has become an hinder the progress of democracy and the legal system in China the cancer . Public power is like a double-edged sword, with good, the benefit of the community at large, to grasp in the hands of the wrong people became Bodhidharma Alex Sword hanging over the private right head. Actions of private rights and public rights ended, without restriction, without the constraints of public power is a tiger. Once out of control, the public authority infringed not only the legitimate rights of citizens, such as flooding, will also harm the country's fundamental. What are the underlying reasons of how public power for correct positioning? How to handle the relationship with the private rights? What are the problems of the public right to run? Caused by running out of bounds or infringement of public power? How to effectively curb the violation of public power for private rights ? paper to explore issues. This paper analyzes the public rights of nature, sources, and its relationship with the private rights of Western social cognitive theory of public rights development process, but also the history of the development of China's public rights. The introduced modern jurisprudence and constitutional theory of the relationship between public and private rights, draw the essence of the democratic constitutional state public authority that the alienation of private rights, public power to the service private rights to achieve the goals conclusion; followed by discussion public power must be subject to the constraints of the need for restricting certain public rights; public rights of Western social constraints path of exploration, demonstrate a country under the rule of law requires constraints on state power, otherwise it will cause the power to abuse. Only constraints on state power to protect the realization of the rights of the citizens. Four constraints of public authority oversight mechanism constraints of power and the supervision of the public and the media rights to the moral constraints of power, the power to restrict power. Then contact the actual operation of public power, unconstitutional legislation discussed in the executive and the legislature of the public the right to run there, scramble for profits lack of executive decision-making procedures transparent to the law, in the name of public interest in the administrative process line infringement of private rights of real other ills as well as the cause of these ills reasons the (departmental interests, institutional design, the quality of the law enforcement team, and a lack of supervision and control, etc.); Finally, the reform of China's public power how to walk, how to effectively restrict the supervision of public rights to talk about some of his own humble opinion, in which focused on sound public authority oversight mechanisms and constitutional justice of to solve abstract administrative regulations unconstitutional v. Law from the line adjustment.

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CLC: > Economic > Economic planning and management > Urban and municipal economy > Municipal economic profiles of countries in the world cities > China > Infrastructure and utilities
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