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On the Problems and Strategies of Chinese Cultural Administrative Compulsion

Author: DiSuLi
Tutor: HuangXueXian
School: Suzhou University
Course: Legal
Keywords: cultural administrative compulsory cultural administrative compulsory measures cultural administrative enforcement
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 97
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Abstract

By the departments for cultural administration shouldering the protection of intellectual property rights and maintaining cultural market normal business order, collecting and sealing harmful information and trash, maintain the safety of the ideology, in order to make the most of the cultural administrative behavior made the desired effect, we should not only rely on cultural administrative organs, also have to rely on active administrative relative person’s assistance. If the agent refused to fulfil obligation, the administrative departments for cultural use force to perform or forced counterpart with the effect of performing the same cultural administration, in order to maintain order. However, the present cultural administrative legislation does not give administrative authorities necessary administrative culture, in the practice of compulsive power and cultural administrative organs due to the lack of necessary compulsory means, or illegal behavior in front can take timely measures to prevent further damage, or the administrative decision cannot effectively, has greatly influenced the administrative efficiency and administrative effect. Based on the basic theory of cultural administration compulsive power, on the basis of analyzing the status quo in cultural administrative compulsive power and defects, and foreign administrative enforcement of our culture theory research, compulsory administrative system are proposed.The article is divided into three chapters. The first chapter " the basic theory of cultural administrative compulsory " preliminarily analyzed the concept and the characteristics, and pointed out the cultural administrative enforcement measures should include cultural administrative culture and administrative enforcement two aspects, and expounds the necessity of strengthening cultural administrative enforcement.The second Chapter " The current cultural administrative enforcement”, analyzed the status of Chinese culture administrative compulsory measures and administrative compulsory enforcing, and analyses the causes of defects.The third chapter "perfecting the system of administrative enforcement culture", introduced the country such as German compulsory administrative mode, and puts forward the characteristics of Chinese culture, be in administrative enforcement system design in continental law system country reference in the judicial relief, and programming and common law countries reference model. In the legislative idea before three chapters are put forward on the basis of perfecting the system of administrative enforcement culture, specific Suggestions into clear culture content and distribution of administrative compulsive power, regulate the enactment right and compulsory administrative culture, the cultural administration name categories of strict conditions and procedures, compulsive power exercise of cultural administration of security, strengthening cultural compulsive power of administrative compulsion external supervision and administrative enforcement of law relief cultural six aspects.

On the Problems and Strategies of Chinese Cultural Administrative Compulsion

Abstract

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