Dissertation > Excellent graduate degree dissertation topics show

Administrative omission Issues

Author: LvGuiMin
Tutor: YangXinYu
School: Fudan University
Course: Legal
Keywords: Administrative omission Administrative omissions constituting The administration is not as state compensation The administration is not as relief
CLC: D912.1
Type: Master's thesis
Year: 2011
Downloads: 208
Quote: 0
Read: Download Dissertation

Abstract


Administrative omission as inherent in the form of administrative acts, both in theory and practice did not like its \administration as licensing, administrative penalties, administrative enforcement, and the administration is not as much depth, theoretical results. This paper attempts to further collation and induction as a theoretical foundation for the existing administrative and abroad about the theory, and to learn from other countries mature system, and discuss issues related administrative omission to not as a theory and system for administrative perfect provide limited help. The paper is divided into four parts: the first part is a concept with the root causes of the administrative omission. The part on the basis of analysis of the current administration is not as theoretical, try to sum up the concept of administrative omission that administrative omission is the administrative body bears the legal administrative staff as obligations (including upon application as the obligations and obligations as ex officio), and can be used as illegal administrative acts and not as in the procedure or not in as timely a certain period of time, and in the program, there is no intention or interesting representation of actual performance did not. Generalize based on the the administrative omission characteristics, and pointed out that the administration is not as a source of existence. The second part is the administrative omission constituting classification. This section is based on the concepts and features of the administrative omission, that the constituent elements include: five pre-condition for the main elements of the subjective element, the elements of the object, objective elements. According to different criteria can be divided into administrative omission upon request and in accordance with the terms of reference of omissions, violations of public interest and violation of personal interests as v. non justiciability as concrete and abstract not as excluded and grant benefits and omissions, intentional and negligent omission. The third part is the executive is not a liability. This section first administrative omission State liability status of its great significance; then explore the constituent elements of the executive is not a national liability issues, including: the objective existence of Omission undermine the existence of the facts, do not when competing as a causal relationship between behavior and the damage, the responsibility exhausted all other methods of compensation, administrative Impunity Reasons five subject does not exist; final analysis illustrates the scope and form of administration is not as a national liability. The fourth part the administrative omissions relief. The administrative part of our two main ways not as relief for administrative reconsideration and administrative litigation were described in the summary of the law on the basis of pointed out the inadequacies of the existing system, and puts forward some ideas and measures to improve the relief system .

Related Dissertations

  1. Discussion of Administrative Litigation Performance Judgement in China,D925.3
  2. The administration is not as a number of legal issues,D922.1
  3. On Administrative Omission of Public Security,D922.1
  4. Causes for Water Administrative Omission and Analysis of Its Countermesuress,D922.1
  5. Research on Judicial Remedial Procedure for Administrative Omission,D922.1
  6. Environmental Studies administrative omission,D922.68
  7. The Analysis of JiangShan Suiting Against of Administrative Omission of Shenzhen Land and Housing Bureau,D922.1
  8. Theory and Legol Remedy Administrative Omission,D922.1
  9. On the administrative responsibility of the external environment, the administrative body,D922.6
  10. Study on the Litigant Relief of Administrative Omission,D925.3
  11. Police Chief omission constituting,D922.1
  12. Research on Administrative Nonfeasance Litigation Relieve System,D925.3
  13. Concerning the Abstract Administrative Nonfeasance,D922.1
  14. Study on Administrative Omission Judicial Remedy System,D925.3
  15. Study on Violation of Administrative Omission and Its Redress of Law,D925.3
  16. On the administration is not as relief,D925.3
  17. On the Administrative Nonfeasance of the Local Tax Department,F812.42
  18. Study on the Administrative Omission and Administrative Omission Procedural Regime,D925.3
  19. State Compensation System of Administrative Omission,D922.11
  20. On the Legal Remedy for Administrative Inaction in Public Security Organs,D922.14

CLC: > Political, legal > Legal > UNIVERSITY > Administrative law
© 2012 www.DissertationTopic.Net  Mobile