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On the administrative accepted

Author: ZhaoMengYa
Tutor: ZhangFeng
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Chief accepted Quasi - administrative behavior Program administrative behavior Suability
CLC: D922.1
Type: Master's thesis
Year: 2009
Downloads: 38
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Abstract

Administrative admissibility of an administrative act, for a long time has not been a thorough study of the administrative legal theory, the admissibility of the few professional papers for the study of the stark contrast is administrative accepted in practice play an important executive role. The Chief accepted the connecting bridge between the relative administrative subject and in the administrative proceedings initiated by the administrative counterpart, administrative acceptance is inevitable, only the administrative body through the required review of the administrative counterpart, according to the administrative law regulations to make the decision to agree to accept, the relative administrative personnel to obtain the possibility to start the administrative procedures to obtain the corresponding entities; the administrative body through the review, in accordance with existing laws, regulations the decision rejected the means to exclude a relative through their own start the program the possibility of entities, and to seek appropriate channels for relief. In other words, for the administrative counterpart, the Chief accepted leading to its physical benefits of the palace of a \Therefore, the relative rights of the administrative admissibility of either well protected administration, but also can regulate the administrative body to be exercised administrative authority, is of great practical significance. The same time, the administrative admissibility strong theoretical significance of this paper is conducted in-depth analysis of administrative accepted the legal property of controversial theoretical circles. The paper is divided into four chapters, the basic theoretical analysis of the first chapter of administrative admissibility. Chief accepted the concept, characteristics, legal attributes to do a theoretical analysis. That the administrative accepted the executive or legal, regulatory organization authorized for the executive relative's request, according to the review of the relevant laws and regulations, and made to accept or reject the behavior of the program. The proposed administrative accepted in the legal property of both the administrative act, quasi-administrative behavior, the characteristics of procedures for administrative action. The second chapter to the Executive accepted the status quo, and institutional building. Question of admissibility of administrative practice, the administrative accepted system. The proposal should be accepted from the executive to state the reasons, the Chief accepted inform, administrative accepted aging, administration accepted the formal examination of the four aspects of the provisions of the uniform. In the case of the Unified Code of Administrative Procedure, should be clearly defined in each of a single law. Administrative accepted procedures, better procedures for rule-making is essential, on the one hand, you can play the role of the effective protection of the interests of administrative counterpart, improve the administrative act of an acceptable level, on the other hand can regulate the administrative body of administrative exercise of the powers to avoid abuse of executive power. The third chapter is the study of the effectiveness of administrative accepted. Tong said that administrative action has the courage of your convictions binding, execution, determine the force. Through the introduction of the case analysis of the administrative admissibility of the effectiveness of all administrative acts and administrative accepted point of view does not have some effect questioned. The fourth chapter is the analysis of administrative supervision over the admissibility of relief. Administrative relief accepted ways the most controversial focus on whether relief by way of judicial review of administrative accepted. Obtained by analysis of the administrative act administrative accepted with actionable standard administrative admissibility of different results with different justiciability conclusion.

On the administrative accepted

Abstract

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