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On the optimization of the controlling function of the administrative hearing system

Author: LiHaiTao
Tutor: PanWeiJie
School: Fudan University
Course: Legal
Keywords: Administrative procedures Administrative Hearings Controlling function
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 59
Quote: 0
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Abstract


Executive power characteristics determine its existence may be abused , if they are not effectively regulate and control , alienation occurs executive power , tremendous harm to citizens , society and the state . The modern administrative law is a comprehensive method of controlling , program controlling administrative law controlling mode . Administrative hearing system to ensure that the executive open and impartial exercise of executive power . Administrative hearing system is the heart and soul of the modern Administrative Procedure Act , play an increasingly important role in the political life of the country , has been adopted by many countries . China in 1996 promulgated the \Compared with foreign countries , China 's administrative hearing system established later, still in the development stage , there are some shortcomings and deficiencies , the controlling function remains to be optimized . The paper is divided into three parts , the first part describes the theoretical basis of the administrative hearing system for controlling functions . Clarify the meaning of the controlling function of the need for control of executive power and administrative hearing system , thereby controlling describes how the administrative hearing system . The second part , through legislation and case study of the function of the administrative hearing system for controlling static performance and dynamic performance analysis , and on this basis , the presence of defects as well as lead to defects in controlling functions of the Administrative Hearing System . Part III discusses the controlling function of the Administrative Hearing System optimization path in the lack of administrative hearing mechanism in China based on the analysis , the proposed system optimization program , including the relevant legislation to improve the administrative hearing system and related procedures to optimize the administrative hearing system .

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