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On Legal System Improvement of Administrative Supervision in China

Author: WangHongXing
Tutor: ShiBaiLin
School: Hunan University
Course: Constitutional and Administrative Law
Keywords: Administrative supervision Monitor the legal system Ombudsman
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 214
Quote: 0
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Abstract


Administrative supervision and the legal system is specifically within the State administration authorities to exercise supervisory authority in accordance with the law of the state administrative bodies, national civil servants exercise of executive powers and supervision. Administrative Supervision Law of the People 's Republic of China \Of the two laws and regulations for the subject of our legal system of administrative supervision , monitoring work and achieved certain results , but there are imperfections , mainly : the content is incomplete ; system is imperfect ; unclear requirements ; It is due to the lack of legislation , lead to administrative supervision legal system in China is facing many problems in the actual operation . Administrative supervision organs such as: the lack of authority and independence ; lack of administrative supervision program ; lack of effective supervision and administrative supervision organs ; the administrative supervision coordination mechanism is imperfect ; imperfect enforcement responsibility of the administrative supervisory staff . Our imperfect legal system of administrative supervision There are many reasons , the main cultural factors , economic factors , and institutional factors . Modern administrative supervision system originated in foreign countries, dating back over a hundred years old , has three administrative monitoring mode , the government administrative mode the Council administrative supervision mode , one the ICAC monitor mode . China should learn from these three modes merits on the basis of the establishment of administrative supervision suitable for China's national conditions . Perfect the legal system of China 's administrative supervision to start from the three main areas : improving the administrative supervision legislation ; improve the legislative system ; oversight mechanisms to strengthen administrative supervision organs . In particular , it should be the explicit permission of the administrative supervisory authorities , to clarify the scope of the administrative supervision of the object , and to establish the administrative supervision activities should follow the statutory procedures ; supporting the formulation of laws and regulations , improve the administrative supervision to establish China 's administrative system of the Ombudsman , the establishment of administrative coordination mechanism between the supervision organs and other state organs ; implement supervisory personnel accountability mechanisms, to strengthen internal oversight of the administrative and supervisory organs , improve the relative human rights relief mechanism .

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