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On the administrative delay as

Author: WuChunPing
Tutor: WangChengDong
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Delay as Deadline Efficiency Violation of procedure
CLC: D912.1
Type: Master's thesis
Year: 2011
Downloads: 87
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Abstract

The modern society is a high-speed operation of the risk society, the functional requirements of the rule of law administrative law administrative duties in accordance with the law in a timely manner as the main body of the operation of the executive power, should be actively and effectively fulfill its role as the obligation of timeliness, administrative body, in actual administrative body The delay is extremely common, there are administrative action prescribed on the reasons for the lack of this legislation, and more bureaucracy of legacy under the administrative body concept of time due to the lack of. Delay as less harmful personal interests no way of protection, the big harm social stability and development. But the delay problem often is not covered as a heavy coat, highly controversial theory, practice, practice varies. This paper argues that, as delayed as the state and behavior as the delay is set in one of the special forms of behavior, this paper five chapters is devoted to administrative delay as follows: Chapter first case leads to a delay as a problem The period has come to \But the controversy caused by the delay itself does not specify a time limit other than the behavior of the administrative act, it is advocated as a way to \Delay as \Made only after the delay beyond the statutory or reasonable period of time as there are as defined as the administrative body of obligations without good reason and administrative behavior in the form of an act. Then from the delay as the particularity of this behavior in the form of harmful and for delay as the status quo of aphasia expounded the significance of administrative delay established as a concept. The second chapter around the delay as a concept, described the delay as the constituent elements. Delay as there are four basic constituent elements and exclusion elements: administrative body is a delay as the main, as the obligation is a delay as the premise, beyond the statutory or reasonable period of time is a delay as the elements of time, beyond the deadline as Results The presence of elements of justification is to exclude the delay elements constitute exclusion. The third chapter with case analysis of the delay as the type. Should apply as the delay and delay as an ex officio division stressed that the delay as the establishment of the application of a relative as a necessary condition, positive and timely administrative requirements of the administrative body in accordance with the terms of reference of the administrative behavior, both as an obligation to determine different ways ; distinguish delay beyond the statutory period as unreasonable delay as specified delay as to the existence of the statutory deadline for the necessary unreasonable delay as the time limit discretion abuse; dangerous responsibility of administrative delay as a responsible and non-hazardous delay as the delay as a result of damage relations, does not constitute a direct injury to the former, the latter may be a direct result of the right to damages. Chapter delay as illegal Analysis. Pointed out that the delay as illegal in that: the the program illegal inevitability illegal and entities possibility. In the distinguish \administrative dereliction of duty \Chapter is to investigate the delay as a liability and relief. The first analysis of the general provisions of the responsibility for violation of procedure and relief after clear existing general provisions of the procedural law is too absolute and confirm the judgment of the narrowness of the delay as a liability and remedies in cassation. Then illegal contingent as the the program illegal inevitability and entities from maintaining an independent value of the program and to protect the interests of the relative considerations, combined with the delay, as after the delay in the effectiveness of the behavior of pure violation of procedure, procedural and substantive composite illegal discussed separately; final damages the need to mention the fact that the behavior of administrative delay as confirmation illegal judgment, and delay as the.

On the administrative delay as

Abstract

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