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The coal regulatory administrative liability research

Author: HanBin
Tutor: WangChengDong
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Coal regulatory Administrative liability Constituent elements Responsibility to achieve
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 134
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Abstract

Administrative liability, government regulation, its value lies in the supervision of the regulators constraints - disciplinary warning, education and other mechanisms to promote a regulatory body to fulfill its mandate in accordance with the law, safeguard the legitimate rights and interests of the regulated. Thesis writing background of China's coal production in the accident-prone people to actively explore the governance coal governance good way. In this paper, the coal regulatory subject for examination under Administrative Law, to explore the administrative liability in the field of regulation of coal unique connotation and operation of mechanism, to reflect on the problems in the existing system level, combined with the coal regulatory actual proposed perfect views aims to promote regulatory efficiency of existing coal Administrative Liability perfect, so as to provide a new breakthrough in China's coal governance. The basic idea of ??the paper within the existing theoretical framework to describe coal regulatory mechanism of the domain-specific administrative liability, concerned about the status quo, actually appear to reflect the existing legal system, put forward their own views, and final recommendations. Thesis Chapter 1 Overview discusses the administrative liability and the coal regulatory status quo of relations, to draw coal governance key is to ensure the good functioning of the the coal regulatory administrative liability Conclusion. To this end, the first section of the paper describes China's coal production status - the safe production of coal accident-prone, as well as to produce various types of causes of safety incidents. On this basis, Section II demonstrated under the conditions of market economy, companies can not rely on self-discipline to achieve risk control coal governance must rely on strong government supervision. The third quarter to account for the administrative liability concepts and types, as well as the relationship of accountability mechanisms and regulatory efficiency - not sound accountability mechanisms to ensure that the main reason for the inefficient government regulation. The second chapter of the thesis is the constituent elements of the the coal regulatory administrative liability. The first section is mainly accountable to the constituent elements of the administrative liability the several theoretical formulation, analysis, the author thinks fit the coal regulatory responsibility in the field of constituent elements: administrative violations, the main responsibility and the ability and fault. Section II Analysis of coal regulatory mandate and its illegal form of. Regulatory functions in accordance with the regulatory process of coal will be divided into administrative permissions, the narrow sense of the four parts of the administrative supervision, administrative penalties and accident investigation process right, and pointed out that coal regulatory illegal form of four terms of reference. Section III coal administrative liability body, including administrative organs and public servants, and pointed out the deficiencies of the existing law in the area of ??responsibility of the main body that should strengthen the main responsibility of the executive authorities and public servants. The fourth quarter in the existing fault theory based on the analysis of the fault in the form suitable for the field of regulation of coal. The third chapter analyzes the implementation of the administrative liability. Liability under the principle of administrative law, procedures and supervision of the three aspects. First section analysis Liability under the principle of administrative law, the author advocates should be different according to the type of responsibility, apply different imputation principle: the responsibility of the civil class applies the principle of pluralistic culpability, the Chief at classified responsibility applies to illegal attributable principle, the criminal class responsibility for the strict application of the principle of fault; Section II analysis of administrative liability to achieve, there are mainly two types of administrative procedures of the administrative procedures and judicial proceedings were not transparent enough, not strong legalistic, should strengthen its information disclosure, and perfect from the legislative level administrative sanctions procedures, the independence of the judicial process is disturbed, it should strengthen the independence of the prosecutorial power of the procuratorial organs. Section III analyzes the supervision of the administrative liability, power supervision is still relatively passive, the social supervision played an active role, should protect the enthusiasm of social supervision, improve the supervision system of power. The epilogue of the paper, the coal governance set off all kinds of boom, such as Shanxi \Administrative liability perspective, its special value and significance for coal governance, extent of Caishuxueqian, studies are still many inadequacies contribution dares not talk only expect to be able to reach the valuable feedback effect.

The coal regulatory administrative liability research

Abstract

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