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Chief delegate its oversight mechanism

Author: BaiJing
Tutor: ZhaoHuaQiang
School: East China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative commission Administrative decentralization Supervise
CLC: D922.1
Type: Master's thesis
Year: 2008
Downloads: 281
Quote: 3
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Abstract


Modern administrative management scope continues to expand, increasingly complicated administrative matters , the executive in order to further improve administrative efficiency , often as part of their own way to the authority to delegate the exercise of any other organization , administration commissioned gradually become an important part of modern administrative law content. However , China's chief delegate legislative provisions on imperfect , there are still many problems, if there is no unified regulations on the administrative commission ; did not delegate the authority to make a clear legal restrictions ; delegate object has no uniform standards ; lack of administrative commissioned the review and oversight mechanisms. Practice entrusted serious disorder , such as delegated acts illegal, commissioned by the program is not standardized. Administrative commission in legislation, law enforcement practices in the important position of administrative law scholars and the degree of concern it is far from symmetrical. In this paper, comparative analysis, dialectical analysis, from the five aspects of the administrative commission discussed. The first part of the commission on the status of administrative legislation and practice from the two levels of the narrative , pointing out China's current problems in the administrative commission . The second part of the meaning of the definition of administrative commissioned by the administrative commission comparison with related concepts , defining the meaning of the administrative commission . The third part is the legal and administrative commission basis in reality , that administrative decentralization theory and market failure theory of government failure . The fourth part is the construction of the system of administrative commission , in this part of the author of the Perfection of Administrative commission put forward specific ideas : the principle of including administrative commission , substantive rules , procedural rules in three areas . The fifth part focuses on the administrative commission of the review and supervision system, including illegal accountability, and oversight mechanisms , review mechanisms .

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