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Administrative Legislation and Norms sector interests tend to
Author: YangBo
Tutor: LiuFei
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Executive and legislative Sector interests Specification
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 157
Quote: 1
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Abstract
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With the further development of market-oriented reforms, market stakeholders diversified trend, pattern of social interests always in constant adjustment and reconstruction. In this context, a number of government departments out of the public interest as a representative body of traditional positioning, in performing its statutory duties while starting the \One of the most prominent is the use of statutory powers and internal members to actively fight for their own physical, spiritual and other aspects of the \In this paper, China's \Sectoral interests in the executive and legislative causes and interests of government departments carrying structures are very complex, and the executive and the legislature to achieve the value of public decision-making point consistent with the public interest, it must establish smooth and effective mechanisms to clear the public expression of interest, develop efficient and impartial judicial system in order to improve the legislative rule of law, build broad and effective monitoring mechanisms to maintain social harmony and justice. Article is divided into four parts, the basic content is as follows: The first part of \competing interests and entanglements. Lottery Community Chest allocation management, issue management fees including the above two departments faced with several government departments, including conflicts of interest. This leads to the interests of the executive branch legislation tendencies discussed. On this basis, the article in this section also reflected on the current government's brief analysis of multi-dimensional pattern of interests, in reality, government departments that have been away from the traditional definition, is made in the public interest, government members of their own interests and the interests of the internal multiple benefits such as bearing body. To dilute the executive and the legislature targeted sectoral interests tend to occur, we must first distinguish between the legitimate interests of government departments and illegitimate interests, and be treated differently. The second part focuses summarized in the executive and legislative government departments tend to a variety of performance benefits. That sector in the project, means the use of legislative powers allocated distribution of economic benefits in the legislation?, And accountability in areas such as the interests of the game. On this basis, sectoral interests tend to explain the administration and the adverse effects of social stability. The third part focuses on sectoral interests in the executive and legislative tendency to produce the main reason. Due to space limitations, this article only the executive and the legislature birth defects, legislative system is imperfect, jurisdiction negative and financial system is not perfect as the main content. Birth defects from the executive and the legislature, due to the continuous expansion of the power characteristics of the dual role of the government and the responsibility of the Chief Executive, the Chief Executive and Legislative departments affect the value of points has a natural advantage; institutional perspective from legislative, administrative legislation project, drafting, coordination, supervision and other aspects of imperfect legislation is a direct result of anomie important factor; rather negative jurisdictions, such as abstract judicial review of administrative acts and administrative exclusion final ruling behavior exists, further expanding the government departments in the administrative Legislation play space; Finally, long-standing abuse financial institutional sector interests also provided a breeding ground for the emergence and development tendencies. The fourth part of the legitimate interests of the coordination and control of departmental improper benefits to make some countermeasures and suggestions. Advocates should clearly distinguish between the two based on the system from the improvement of legislation, judicial system and actively promote the establishment of a scientific follow-up and financial system start to establish a methodology that can protect the legitimate interests of departmental coordination, and clear, and can effectively control department improper interests of long-term mechanism tendency. On the whole, the executive and legislative powers of departmental interests tendency is to continue to strengthen the old problem with the market-oriented reforms in the context of government distribution of benefits generated new contradictions long tangled results. To be effective governance of this phenomenon, of course, require all aspects of the effort, but the administrative law perspective study carried out is essential. In the use of various means to build a scientific, standardized operating mechanism to guard against arbitrary power, build extensive, effective oversight mechanism to regulate the exercise of power, which in France is running on the source be fair, and thus to achieve social harmony and justice, the Chief Law should also be able to make their own contribution.
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