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Some Legal Issues on Administrative Payment Systems

Author: LiuJiJian
Tutor: XiongShiSheng
School: Jiangxi Normal University
Course: Constitutional and Administrative Law
Keywords: Administrative payment system problems improve
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 70
Quote: 0
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Abstract

Administrative payment system as a way for government to protect basic civil using government power is becoming increasingly important in modern society. It can not only protect the citizens the basic right to life, providing the conditions for citizen’s development, but also regulate the economy, ease social conflicts and promote social harmony. From the current practice,our payment system established to protect people’s survival and development has played a major role. But it can not be ignored that there are still some deficiencies and shortcomings in payment system in the legislative, executive, and judicial aspects.This study content is divided into four parts. Chapter 1 is mainly discusses the basic theory of administrative pay system. Starting from the concept of administrative pay, it analyzes the legal characteristics of administrative pay system and distinguishes the related concepts. Chapter 2 introduces the historical development and current status of the foreign administrative pay system. It summarizes its characteristics and some reference for China to use. Chapter 3 is mainly elaborates on current China’s administrative payment systems, noting China’s existing administrative payment system’s major problems from the legislative level, law enforcement level, the judicial level. In the legislative level, the main problems are: legislation dispersed, lower level of legislative, imbalance of legal norms; existing content problems. In law enforcement level, the main problems are: concept of hysteresis, seriously lose of procedural norms, Lack of clarity of administrative subject, lack of financial payments, lack of effective monitoring mechanisms. In judicial level, the main problems are: the narrow range of administrative relief payments; the strict qualifications for subject to apply; divorce between substantive law and procedural law. In chapter 4 according to the existing problems of administrative payment system in our country, some advices are proposed to improve administrative payment system in legislative, law enforcement, and judicial level. It is thought that to perfect administrative payment system in our country, the legislative aspects should be strengthened. The main measures include: improve the legislative level, formulate specific ?administrative payment method?, unify administrative payment legislation; limit administrative rules, regulations and regulatory documents as the basis for the executive payment. Then it make some improvements in judicial level, some measures like accurately define the role of government, enhance the concept of law enforcement; sound administrative payment procedural system; strengthen the government capacity to finance payments; build a long-term supervision mechanism; establish modern information base. Finally, in the judicial level, the comprehensive proposal to solve the key measures include: expand lawsuit range; provide additional administrative payment lawsuit, establish public interest litigation system; introduce mediation.

Some Legal Issues on Administrative Payment Systems

Abstract

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