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The administrative confirmation system research

Author: ShiHuiFen
Tutor: XueGangLing
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative confirmation Judicial Review Suability
CLC: D922.1
Type: Master's thesis
Year: 2005
Downloads: 462
Quote: 7
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Abstract


The administrative confirmation as an important means of modern administration, not only to the dispute has played the role of \interests. It is no exaggeration to say that the administration can not be separated from the administrative confirmation. Practice, administrative confirmed cases and controversies have been many, accordingly, scholars debate whether certain acts are administrative confirm behavior as well as administrative confirm suability been. With the progress of society, the Chief confirm the specific administrative act is bound to get the attention of the academic and practical, and it appears that it is necessary for the systematic study of the administrative confirm the specific administrative act. This paper attempts to explore the existing academic research summary and consolidation of existing laws and regulations on the basis of the system and its judicial review of administrative confirm. This paper is divided into four parts, the first part discusses the need for administrative confirmation system research. This section first by the traffic control department of road traffic accident liability identified belong to what administrative action should be included in the scope of judicial review of this debate, and leads to the administrative confirm this concept. Subsequently summarized the provisions of the laws and regulations on administrative confirm the specific administrative act, and administrative confirmation on the analysis, to arrive at our current administrative confirm whether it is in the daily life of the people, or in official law the fact that the prevalence of, and then come the need for administrative confirm that this system has its research conclusions. The second part of the definition and classification of administrative confirmation system. The part is first mentioned administrative confirmation of teaching materials and papers to sort out, to summarize the research status quo of the current system of administrative confirm summarize the contents of the administrative concept recognized the nature of the force of law, characterized. This section describes the three basic administrative confirmed classified and administrative classification recognized in finishing the basis of existing laws and regulations, new exploration. Finally, the part of the specific administrative acts of administrative recognition and licensing, administrative rulings compare administrative confirm distinguish with similar specific administrative act. The third part of the discourse of our administrative confirm system problems and countermeasures. This section first list, the problems that exist in our legislation, law enforcement and judicial administrative confirmation after the perfect administrative confirmation system countermeasures discussed. The fourth part of the judicial review of administrative confirmed. This section first solve the problem from the point of view, the suability commence administrative confirmation behavior analysis. First of all, the author of administrative proceedings by the scope of the case study, an administrative confirm that the behavior has not been excluded outside the scope of judicial review of this conclusion. Subsequently, the part through research on the types of behavior of typical administrative confirm that the specific administrative behavior suability confirm. Finally, I suggested that to improve the judicial review of administrative confirm judicial review of administrative confirmation of some of their own insights.

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