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Study on the Administration Accountability of Illegal Administrative Normative Documents

Author: XuSiJun
Tutor: ZhouGuiDang
School: Lanzhou University
Course: Law
Keywords: Administrative normative documents Accountability Administrative responsibility Responsible Government
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 47
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Abstract


In recent years, China's illegal administrative violations of normative documents often abstract administrative act does not have suability citizens' legitimate rights and interests are infringed relief nowhere. In this context, this paper from the perspective of administrative responsibility administrative normative documents illegal reason to explore. Since China's current administrative accountability focused on a specific administrative act, and the makers of the illegal administrative normative documents rarely be held accountable. It is due to the lack of administrative accountability mechanisms imperfect and administrative responsibility, leading to frequent illegal administrative normative documents. Our normative documents of administrative supervision and accountability, including the authority to review and internal review of the executive authorities. Administrative normative documents has long been frequently appear in the illegal, such a review mechanism only by the authority and the executive authorities has exposed the drawbacks, has been unable to assume the responsibility to safeguard the legality of administrative normative documents. Looking abroad, the United Kingdom, the United States, France and many other countries have a series of procedures and accountability mechanisms to safeguard the administrative normative documents legitimacy. In contrast, these countries on the legality of the administrative normative documents protection reason why more effective, primarily because of their illegal administrative normative documents administrative accountability mechanism is a judiciary as a supplement and guarantee perfect accountability mechanisms. This is China's administrative reform of the accountability mechanisms provide new ideas and perspectives, and to build and improve our illegal administrative normative documents administrative accountability mechanisms has important reference value and significance. In this paper, based on the analysis of the existing problems with reference to the advanced experience of foreign countries, targeted the perfect path of administrative accountability mechanisms. From the administrative responsibility of the constituent elements, the main responsibility of the illegal administrative normative documents assume the accountability system perfect for research and demonstration, to build an internal review of the external review and administrative organs of the authority for the day-to-day supervision and review of the very state judiciary the ultimate protection of the administrative accountability mechanisms suitable for China's national conditions. On the one hand, clear administrative responsibility of the constituent elements, responsibilities reserved. On the other hand, be treated in accordance with the size of the powers and the role played by the difference between the makers and executors of illegal administrative normative documents, to achieve power and its responsibility.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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