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The theory of special power relationship

Author: HongLei
Tutor: LiuZhiGang
School: Fudan University
Course: Legal
Keywords: the special power relation law reservation judicial review the basic rights
CLC: D912.1
Type: Master's thesis
Year: 2011
Downloads: 153
Quote: 0
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Abstract


The theory of special power relation originated in Germany, introduced into Japan, and introduced into the Taiwan region of china from Japan. The traditional theory of special power relation are created in order to explain the rationality of internal administrative rules and instructions, while in order to effectively complete the special administrative purposes, the theory completely rule out the law reservation and judicial review. With the social progress and the law construction, the traditional theory of special power relation come into conflict with rule of law more obviously. So Germany, Japan and Taiwan area of our country successively in the theory of special power relation is modified, to give the theory the new meaning of existence. Although China has not clearly established" the theory of special power relation" of this doctrine, but because "the relation of special power" in the relevant fields in China exists objectively, so in practice we have also more or less using the theory of practice. We can explain the internal administrative relation, which can not be adjusted by law temporarily, because of" the theory of special power relation". But at the same time, we have to be alert to" all those who have the power abuse of power". This article begin with provenance and development of the theory of special power relation, and analyze the problems of related field in China’s special power relation, finally correct the theory and adjust the special power relation of China reasonably, expect to seek balance development way between the efficacy of administration and the basic rights of citizens under the special power relation.

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