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On the Principles of Due Process about Administrative Contract

Author: Yi
Tutor: OuAiMin
School: Xiangtan University
Course: Legal
Keywords: administrative contract due process validity basis inheritance patterns using functional ontology
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 23
Quote: 0
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Abstract


Along with the democratic ethos, the welfare state and benefits administration, contract administration appears to help protect the people, and related interests, the implementation of measures to increase administrative body, to better achieve administrative purposes, but also faced with the expansion of executive power as a result of the abuse of administrative contract is illegal to suspend, terminate, discharge, etc.. When the Chief of the Defense Contract things, originated in the United Kingdom, growth in the U.S. and the growing internationalization of due process in its supervision of the Chief of the main duties according to law, protect the interests of the administrative counterpart function very enlightening to us.Regulation of due process there are three aspects of the administrative contract basis. First, the Constitution provides indirect protection of basic civil and constitutional rights of the constitutional basis for the composition. The second is legislative and judicial basis. The third is its value based on the relative performance for the protection of the rights of fit, improve administrative efficiency and the supervision of the Chief of the main reinforcement to promote administration according to law.In Western countries, due process regulation of public administration contracts have two patterns:the right to protection of subjective and objective legal order ontology model maintenance tool mode. Of these two models should be based on the perspective of inheritance patterns using functional ontology, that is certainly the value of due process of the body, but in the realization of the value, or play, it shall also give its functional orientation. Construction of the concrete system, the emphasis should be to inform the relevant administrative law, consultations, hearings and the reasons such systems on the basis of the sound being applied to administrative contracts.

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