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How to Improve the Legal System of Administrative Supervision

Author: ChenXianXiao
Tutor: ZouRong
School: East China University of Political Science
Course: Legal
Keywords: Administrative supervision Legal system perfect
CLC: D922.11
Type: Master's thesis
Year: 2011
Downloads: 141
Quote: 0
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Abstract


The law system of administrative supervision occupies an important place in the administrative law. It is an important mechanism for the administrative system to self-restraint and self-correction, and thus protect the legitimate rights of the administrative counterpart. In the society governed by law, administrative supervision is the strong guarantee for implementing government administrative decisions correctly and effectively. The administrative supervision also has an irreplaceable place in the actual work in China’s socialistic legal system, in the state administrative management system and in the administrative supervision system. However, as the current supervision mechanism of the executive power doesn’t work properly, illegal acts and corruption happened frequently in administrative organs and among public officials in the last few years.Combining the practices of administrative supervision and social realities, this article investigates the outstanding problems in the legal system of administrative supervision and gives related proposals to improve the legal system of China’s administrative supervision.Except for the introduction and conclusion, the article is divided into three chapters as follows:Chapter one introduces the legal system of administrative supervision generally, especially its present status and analyses the history, its concept and characteristics about the administrative legal system.Chapter two discusses carefully about the outstanding problems of the current legal system of administrative supervision. First, the system of administrative supervision law is not perfect, mainly for lack of standardization of the legal support, imbalance of laws and legal relief system, lower rank in the legal hierarchy, defect in legal forms. Second, there exist convergence problems among Administrative Supervision Law, Administrative Procedure Law, State Compensation Law, Civil Law. Third, it has no proper status given to the function of Administrative inspection, for example, the subject and object of administrative inspection and how to use the right of investigation.Chapter three puts forward related suggestions in order to solve the problem in the legal system of administrative supervision. In accordance with the construction of the legal system of administrative supervision, it should be paid more attention to improve the legal support system of administrative supervision, the legal status of administrative supervision. In accordance with system of administrative supervision, we must improve the leadership responsibility system, and the investigation mechanism of administrative supervision.

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