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Study on Effectiveness of Administrative Actions in Violation Procedure Law

Author: JiaXing
Tutor: MengLei
School: Chinese Geology University (Beijing)
Course: Constitutional and Administrative Law
Keywords: Administrative procedures violation administrative procedures law effectiveness
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 107
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Abstract

This article is divided into five parts. The first part outlines the violation administrative procedures law. Firstly, define the scope of administrative procedures, which the author explores. It is that administrative body exercises administrative powers and makes administrative decisions to follow manner, the steps, time, and the sum of the order. Secondly, analyze "law" of the illegal administrative acts of administrative procedures category. On the basis of analysis various scholars’views, the author think that "law" of“the violation administrative procedure law”includes regulations and other normative documents and the legal principles of due process.The second part focuses on the countries and regions legislation of the effect of illegal administrative acts of administrative procedures, mainly in the common law, civil law, as the representative of China in Taiwan. Due to historical tradition, legal culture, political system and other factors, in the countries and relevant areas of the effectiveness of illegal administrative acts of administrative procedures, there is a big difference. However, the effectiveness of illegal administrative procedures on the identification of factors exists common ground and similarities: whether the violation administrative procedures law affects people’s legitimate rights, the content and effect of administrative decisions ,or the public interests.Part III of this article mainly analyzes the condition and problems in legislation of effectiveness of administrative actions in violation procedure law. China is not unified administrative procedure code. The validity of administrative acts in violation of procedure of the provisions, which are scattered in every single law, are: "Administrative Punishment Law", "Administrative Reconsideration Law", "Administrative Procedure Law", "Administrative Licensing Law". This section makes specific and detailed analysis of legislation provisions of effectiveness of administrative actions in violation procedure law on these four acts, and provides author’s own opinions and thinking.The fourth part discusses the realization of effectiveness system of administrative actions in violation procedure law. Firstly, make a specific analysis, on the basis of drawing on foreign, that the effectiveness of administrative actions in violation specific administrative procedures which are avoidance procedures, this procedures, hearing procedures, and justification process. Then design specific legislative provisions of the effectiveness of administrative actions in violation procedure law. Part V of this article, based on overseas experience and our own national conditions, proposes determining factors and rules of effectiveness of administrative actions in violation procedure law, which are key part and innovative part of the paper.With the identification factors of effectiveness of administrative acts in violation of procedure law, the author divide them into objective factors, subjective factors and natural factors of ethical rules. After analysis determining factors of the effectiveness of administrative acts in violation of procedure law, propose a system of determining rules that procedural defect measure rules, the ratio measure rules and value measurement rules. Then make three rules for specific detailed analysis and elaboration, which are expected to help future legislation and practice.

Study on Effectiveness of Administrative Actions in Violation Procedure Law

Abstract

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