Dissertation > Excellent graduate degree dissertation topics show

Concerning Administrative Public System

Author: YangJiangWei
Tutor: LiuShuBo
School: Changchun University of Science and Technology
Course: Constitutional and Administrative Law
Keywords: Chief Public Relief channels Disclosure, Administrative proceedings
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 44
Quote: 0
Read: Download Dissertation

Abstract

Research administrative openness, be helpful for better understanding the contents of administrative public participation, China will know, state affairs and civil administration, the construction of rule of law of our country to better service to the people’s government. This research paper aims to administrative public connotation, analyzes its theoretical basis and the practical significance, comment on our administrative public situation, study and the methods of administrative public system, analyzes the administrative public system discussed abroad, explores the construction of administrative public system.Paper is divided into four parts of administrative public system has carried on the discussion and analysis.The first part mainly expounds the connotation of administrative public system, theoretical foundation and significance. Administrative public system is a basic system of administrative law, is the product of modern democracy, the basic meaning of administrative public is:the government behavior in addition to outside, should be confidential are open; Administrative rules and regulations and administrative policies and administrative organs to affect the rights and obligations of the administrative relative standard, conditions, act in accordance with the procedures shall be published, let counterpart, consult, copying law; The relevant administrative meetings, conferences and resolutions and decisions of the administrative organs and their staff activity lawfully interviews, news media shall be allowed reporting and commentary. The theoretical basis of administrative public system, roughly classified into three kinds:it is a democratic participation in theory, in the politics of philosopher Aristotle to democracy, it made this definition:do not allow the system is all citizens sharing of oligarchs, allow all citizens sharing system is democratic; 2 it is administrative power, administrative public system is control of the administrative procedure law, supervise the government administrative power life will not abuse, not harm the lawful rights and interests of citizens; Three is right theory, with the coming of information society and welfare state administrative public system, the development of open mode also created a new changes:remove the obstacles in the exercise of the request state based on the request, the citizens have gradually provide information claims administrative organs; Administrative authorities to provide information to the public to become an obligation, which request open mode into a modern state administrative public system of the key; Countries also is not only for favors the rule but announce, more is to satisfy the needs of the development of personality individual citizens. With the evolution of administrative public system, its basic rights foundation have also changed, right arises at the historic moment. Modem administrative public system is the system configuration, developed is political democracy and the rule of law under the condition of the product. In China, the founding of the people’s sovereignty principle is established, the people are the masters of the state, of course, will have the right to know state affairs of operation. Therefore, the power of the state shall also be transparent and open operation. Modem administrative system, emphasize publicly, emphasize the power of government operations in sunlight, so as to prevent corruption of government power, making the administrative organ for citizens to provide better administrative service, the realization of the right of participating in politics, citizens.The second part mainly analyses the characteristics of administrative public system abroad. America’s administrative public system, with a mature legal provisions and rich practical experience, the freedom of information act, the federal ZhengFuFa under the sun "and" federal advisory committee law are in wide range stipulated the government administrative organs meetings and file open and confidential. In the administrative public way and relief program aspects are worth our using for reference. The United States taken to reopen standard to treat administrative public case. Japan’s administrative public system, is complete. The legal basis for administrative public aspects is also perfect, in addition to the "Japanese information public law outside, still in some legal provision of the government administrative public. Open manner, method and relief program, all very mature.The third part list analyzes the main problems existing in the administrative public system. Such as legal foundation are not perfect, the information open regulations formulated the legal status is too low, some of the standard also too principles, not feasible. administrative procedures are not unified code. In the actual cases, the concept of administrative public servants is relatively backward, not yet set service consciousness, means also scarce, shall take more advanced, more extensive media, the administrative information public, offer application scope of subject narrow, are not up to allow all people of the application, the administrative public administrative remedy is more difficult, and other aspects.The fourth part mainly probes into the construction of administrative public system. A, should perfect law system:we should improve the information openness byelaw "status, make its rise for the legal regulations implemented in the process of accumulating experience, for the organs of state power formulate relevant laws create better conditions, such a forward steps may be more safe proposal would" e-government information of public law enacted put on the agenda. Modify correlative laws and regulations, such as the conservative state secrets law. modify the secrecy law about secret level regulation, modify the secret level subject, standard, process to determine the provisions of the archives law, modify the program about the provisions of the declassified fixed number of year,. And its thinning and realized. Formulate unified administrative procedures applicable legal code, to solve the conflict; Second, shall explicitly public principle:should establish convenience, cheap and timely principle; Three, rich administrative public way, adopt various methods public administrative information:Fourth, the establishment of China’s administrative public evaluation system, in practice we shall, in accordance with regulations implementing; Five, establish and perfect the administrative public relief program., after a close, remedy is to perfect our country’s administrative public relief program, to safeguard public operation.China’s current administrative law enforcement existing in reality a variety of "earmarking", the public can’t get useful information, the administrative body also lack public awareness and power, this and China for thousands of years the feudal closed political tradition in China is the relationships, more and administrative openness about backward legislation. Administrative openness of traditional administrative conception and is subversive management. The concept of administrative public administrative power from people, is the administrative organs and their functionaries, is the tenet of all activities and serve the people wholeheartedly, build a service-oriented government. Along with the democratic values increasingly pervasive and network the advent of the information age. administrative openness with the implementation of administration according to law. construction transparent government, ensuring the citizen basic rights and restricting the administrative power corruption bossy, prevention, and promoting economic development and plays a more and more important role on the definition, connotation, and value orientation, system construction, legislation form etc do deep research on its new considerations, and given the new, more accurate positioning conforms to our country the administrative law enforcement real need.

Concerning Administrative Public System

Abstract

Related Dissertations