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Legal Support for Administration Dirtrict Violation Right

Author: CuiLiMei
Tutor: WuDongGao
School: Yanbian University
Course: Constitutional and Administrative Law
Keywords: Administrative guidance Administrative guidance infringement Legal Remedies
CLC: D922.1
Type: Master's thesis
Year: 2008
Downloads: 129
Quote: 0
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Abstract


The administrative guidance called for the new administrative means to adapt to the modern market economy. Administrative guidance as a new administration is increasingly widely applied to many countries, administrative activities, and promote the development of the global economy to a large extent. The emergence of administrative guidance has provided an opportunity to reshape the image of the government for the transformation of government functions, and to promote the formation of a harmonious society. It is both a modern administrative law cooperation, the result of the development of the democratic spirit of consultation, the process of the development of a modern market economy adjust to the market failures and government intervention in a double defects remedies. Therefore, the administrative guidance has the legal status of the administrative authority of behavior can not be replaced. In China, with the gradual establishment of the social market economy system and the deepening reform of government the flexible administrative means of administrative guidance in our widely used to improve the image of the government, reduce administrative costs, and the promotion of democratic development play an active role. Administrative guidance system showing the special effects in the administrative effectiveness showing some of the inherent flaws and negative effects, the administrative guidance disputes continue to produce. See from the case of China, the existing administrative guidance, in addition to the the behavior less transparent behavior is not standardized, legal relief system of administrative guidance far less than perfect and even some still in the blank, prejudice to the rights of the administrative counterpart examples have occurred. Administrative Procedure Law of China, such disputes are not admissible, then put an end to the administrative relative person the opportunity to relieve them of their rights, and contrary to the spirit of a modern legal system, because of the lack of effective supervision mechanism and the necessary relief system to protect the administrative measures are difficult to national identity and trust, it is difficult to achieve the desired administrative purposes. Explore articles on administrative guidance in our understanding of administrative guidance and study late 1980s been published some, but for various reasons, research in this area is far from enough, and the awareness of the existence of administrative guidance than large differences, thus affecting the relief efforts of administrative guidance. Practice abuse the administrative guidance infringement Chief relatively people can not get relief phenomenon. Therefore, to strengthen and improve the administrative system of supervision and relief system, has become the primary task of administrative guidance system construction, but also the content of this article focuses on one. And the establishment of sound administrative guidance relief system, at least should include gradually innovation and perfection and administrative guidance relating to supervision of the Commissioner, the Chief bitter love, administrative reconsideration, administrative litigation, executive compensation, administrative compensation 6 system, they are supporting complementary work together, from a variety of angles for error correction and redress the negative consequences of the administrative guidance, prompting acts of administrative guidance to accelerate the move towards rationalization, standardization, institutionalization and legalization of the track. Therefore, we focused on the Infringement Remedy System status quo of China's administrative guidance, in the six systems of innovation and improvement process put forward their own ideas.

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