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On Constructing the system of administration of the Ombudsman

Author: TuDaHai
Tutor: ZhangFeng
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Chief Ombudsman Administrative remedies Administrative relief system
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 241
Quote: 1
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Abstract


Recalling China's long history of civilization , the rule of law in our brief look at the process , any rational observer had to marvel at the achievements of Chinese rule . We have preliminarily established a relatively complete system of administrative remedies , including administrative review, administrative litigation , national compensation system , the establishment of the petition system and other systems to update the rule of law , and enhance awareness of their rights , protection of citizens' rights played an irreplaceable important role . However, in today 's expanding executive power , these systems without the ability to form a dense web of loopholes in the protection of rights , it is worth pondering. Based on building a sound , effective and impartial administrative relief system to supplement the inadequacy of the existing system of administrative relief for citizens to provide an accessible , low-cost and efficient relief channels right , I will lock in the international perspective views high reputation of the administration of the Ombudsman institution . And try to fully and accurately describes this system, in order for China to build this system provide a useful reference . Full text is divided into four main parts, namely, to answer four questions : What is the system of administration of the Ombudsman why should draw Chief Ombudsman System in China Chief Ombudsman system is feasible to build the system of administration of the Ombudsman in the article Finally, attach the author of the formulation of administrative Ombudsman Act attempts. The first part of the introduction of the Chief Ombudsman straight to the point system, the introduction of administrative ombudsman concept and its origins and development , and through Sweden, the United Kingdom, France and Spain, the four countries of the related systems analysis described and compared , noting that it is precisely because of administrative supervision commissioner system in the relief on the superiority of civil rights , which can be enjoyed in Shikoku constitutional system status . The second part of the article from a micro and macro perspective demonstrates the Ombudsman in our system to build administrative necessity , through the existing administrative relief system analysis of the deficiencies pointed out that the existing system of administrative remedies sufficient to fully protect the rights of citizens , and through administrative relief mechanism integrated macro analysis , pointed out that even the existing administrative relief system can effectively play its full right to relief function , the Chief Ombudsman system is still able to separate its flexible and efficient remedy to play its unique features rectify , and with other administrative relief system together constitute a complete administrative rights remedy system . The third part starting from the legal environment of reality , trying to build in our pre- conceived system of administration of the Ombudsman possible risks , and in the design of the system is to circumvent , thus the establishment of administrative ombudsperson system demonstrated the feasibility . In the analysis of the current legal environment and legal environment compared with the West , the author points out the reason yet to improve the legal environment , which to some extent, formed a resistance to build this system , but we can not give up . Then, the author analyzes the Chief Ombudsman of the existing administrative system and the interface between relief system , trying to not derogate from the value of the existing system , and effective interface with the existing system , constitute the right to an effective remedy overall , while the administrative Ombudsman institution and its possible expansion of the risks to democracy , to analyze one by one and take preventive measures , so that the construction of this system is more feasible. The fourth part of the article the analysis of the previous sections demonstrate , the logical focus on the administration of the Ombudsman in our build system . Through this system the relevant national reference , the author of this system will be positioned as the first constitutional system , and therefore must take the Constitution as its basis , with the law for protection , thereby enhancing the political architecture of the system in an important position . Then , the author from the Chief Ombudsman 's organizational structure , working conditions , dismissal period and salaries , terms , operating procedures and their ways of closing arguments in detail how specific build in our system of administration of the Ombudsman . In order to ensure that the administrative lofty Ombudsman independent legal status , flexible and efficient way of exercising authority , in order to realize the purpose of this system is constructed . Finally, attach the author of the country to enact administrative trial Ombudsman draft , all the author's idea of ??cohesion in this unit test in the draft and hope for the future development of relevant laws , building related systems to provide a reference .

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