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Research on the Interest-damaged Administrative Action

Author: ZhuZuo
Tutor: CaoHaiJing
School: Huazhong University of Science and Technology
Course: Legal Theory
Keywords: Burden of administrative acts Administrative procedures Administrative remedies Judicial relief
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 21
Quote: 0
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Abstract

Burden of administrative acts as a best embodies the relationship between executive power and civil rights tension administrative measures to protect the legitimate interests of administrative relative person has a direct and decisive role , is the chief administrative body relative between man and the closest point of contact . This first part is mainly about how to define the concept of burden of administrative acts carried out analyzes , together, from the administrative burden of administrative behavior is not conducive to behavioral outcomes relative value judgments drawn on concepts. If from the constituent elements of the analysis, focused on defining the burden of administrative acts on four elements : the existence of the burden of administrative power generation and existence of administrative acts prerequisite ; specific use of executive power ; existence of intention administrative and legal effect of the presence . The second part to explore the burden of administrative acts should follow the basic principles of administrative law in complying with the basic principles of the rule of law and a reasonable premise , this paper focuses on the principle of proportionality , the principle of protection of the rights and legal retention policy . More emphasis on the principle of proportionality and effectiveness of administrative behavior match between the efficiency of the use of similar mathematical optimal combination that the best answer to this economic rational arithmetic formula is mainly used to measure the ends and means , balanced inputs and outputs . The third part describes the administrative burden on the behavior of the control problems , including administrative public hearing procedure , the burden of supervision and revocation of administrative acts and repeal of the program in four areas . \The last part of the article summarizes several effective remedies - administrative complaint letters and visits , administrative reconsideration, administrative litigation, administrative compensation and damages. ?

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