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Discretionary Power System of Safety Production Administrative Penalty

Author: ZhangZhiMing
Tutor: XiaZhengLin
School: South China University of Technology
Course: Legal
Keywords: safety production administrative penalty discretionary power
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 31
Quote: 0
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Abstract


safety production administrative penalty is the final and severest executive actionimplemented by the supervision and administration of production safety department toadministrative relative person of safety production,it directly related to the personal rights,qualification and property rights of administrative relative person. discretionary power,whichis relative to constraint administrative act,always exists in safety production administrativepenalty.Unfair Administrative discretion behavior will affect lawful rights and interests ofrelative person seriously. By now, relate to safety production administrative penalty,discretionary power institution is still in a primary stage in our country. There are manyserious problems like how to use discretionary power correctly and what to do when there is aconflict between discretionary power laws and up seat laws urgently to be solved.Search to the bottom, I think there is severe weakness in current statute of safetyproduction discretionary power. Therefore, we focus on the constitutive requirement of safetyproduction illegal act and try to structure a discretionary power institution of safetyproduction administrative penalty which is synthetical,equitable and feasible.

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