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Abuse of Administrative Law

Author: DanChangCheng
Tutor: ChengJian；YangXiaoPing
School: Inner Mongolia University
Course: Legal
Keywords: Administrative abuse of discretion Regulation
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 133
Quote: 0
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Abstract


The so-called abuse of power, is the executive power with the implementation of administrative acts, and its legal form, however, the purpose of the exercise of powers the executive violated the laws and regulations give it the power of purpose. The conduct of administrative abuse of power constraints is for abuse of discretion in violation of the principle of administrative legal restrictions on administrative action necessary to establish a scientific and orderly administrative power structure. Abuse of power as the chief executive an important part of legal theory, "the Administrative Procedure Law" will abuse the court to revoke the defendant as the reason for the specific administrative act, the executive abuse of power is even more attention by the academic community. In this paper, the meaning of administrative abuse of power, form and some basic theoretical issues in detail. Due to administrative abuse of power has been in a very critical, the introduction of the position of attention, administrative abuse of the administrative law theory can not be ignored in an important part of understanding at home and abroad, especially in the content and performance of its legislative form so did not make a clear and detailed provisions are controversial, our understanding of administrative law scholars have been mixed. Administrative abuse of power should refer to the administrative body and its staff despite the implementation of specific administrative act within the statutory form, but it does not comply with laws and regulations set by the purpose, spirit and principles of the improper exercise of the powers achieved through legal means the surface of the illegal purpose and intent. The forms include:improper purpose, irrelevant considerations, in violation of the principle of proportionality, any volatile and unreasonable delay, the result is obviously unfair and inappropriate procedures. In the current situation of administrative abuse of power, there are reasons for and against an in-depth analysis and focuses on how to regulate the administrative abuse of power, that legislation, supervision, judicial and other aspects of executive abuse of power to regulate. Since in theory there is no unified system of knowledge, then this article from the overall, comprehensive point of view, advocates of executive abuse of power to multiple regulations, which require legislative, administrative, judicial oversight mechanism "multi-pronged approach," the need improve the quality of law enforcement officers need effective supervision of public opinion and so on.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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