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On the Administrative Compensation of Indirect Relative in Administrative Licensing

Author: ZhaoYongHeng
Tutor: HuangXianXiong
School: Central South University
Course: Constitutional and Administrative Law
Keywords: Administrative license Indirect relative Administrative Compensation V. interests Causality Imputation Principles The scope of compensation
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 70
Quote: 0
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Abstract


Violations of administrative license, except direct counterpart, in the end what circumstances, what kind of person to get administrative compensation Relief? These problems, there are many unclear and controversial; this proposed the administrative licensing indirect relative concept, administrative license indirect relative who is the administrative license to make, change, continuity, withdrawal, revocation, license acts indirectly for or affected by the impact of licensing results, and a stake in the licensing authority and license applicants citizens, legal persons or other organizations; administrative license to use the indirect relative concept to replace the \identified license indirect relative plaintiffs eligible, more conducive to reducing the parties v. tired. V. interests permission indirect relative enjoy administrative compensation claims of qualified core element in the decision; decided in this core elements in the performance of the various countries: the United States, \standard, Japan and South Korea \\The indirect administrative licensing relative realize administrative claims for the rights and interests of many factors. First, the causal relationship affect the administrative licensing indirect relative to achieve the interests of administrative compensation factor, as long as the license behavior caused by the permission indirect relative damaged \the relative damaged causality, causality interruption can lead to the elimination of administrative liability \request interest factors Liability Principle license indirect relative executive compensation should distinguish between the different treat: generally applies to illegal Imputation Principles, malfeasance indirect infringement case applies Liability Principle, common malicious infringement under applicable fault plus illegal attributable principle; once again, the scope of compensation factors affect the administrative licensing indirect relative administrative compensation request interest, permission indirect relative scope of administrative compensation should contain three aspects: the country should What virulence behavior liable for damages in the country in different subjective fault virulence behavior, should bear what share of the liability, the parties which damages should be compensated. There are four major damage compensated the administrative licensing indirect relative realities: First, in the is ultra vires permission induced indirectly impaired relative situation, legal entities can not for profit enterprise license the ultra vires license violations of indirect relative people, and the authorities, institutions, social groups may be to become the ultra vires license violations of licensing indirect relative; Secondly, illegal to make licensing decisions indirectly, relative damage to the circumstances on illegal make discretionary administrative license, the licensing authority to liability depending on the Principles of Responsibility. Regardless of the legal obligations of the licensing authority is a form of review or substantive examination shall be liable for compensation as long as the licensing decision is illegal, then give permission indirect relative who caused the damage should bear the additional liability, but the licensing authority and the applicant malicious collusion responsibility; cause indirect damage to the relative situation again, in the absence of regulation of licensed, administrative liability should consider situation causality interrupt; license revoked caused by damage to the circumstances of the indirect relative revoked license, not only to weigh the interests of the licensee and the public interest, the size of the interests of the licensee and license indirect relative interests, but also to weigh the interests of the public interest and license indirect relative.

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