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On the Chinese System of Administrative Enforcement

Author: ChengShan
Tutor: XiaoPing
School: Nanchang University
Course: Constitutional and Administrative Law
Keywords: administrative enforcement defective system consummation
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 219
Quote: 0
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Abstract


The enforcement of administrative compulsion as an important sttate system, in the administrative area is of vital significance to ensure administrative behavior was eventually realize played a positive role. Facing the increasingly expansion of administrative power, administrative enforcement system deserve enough attention and regulating. Around the world, and abroad research on this issue has been fairly system and in depth, in administrative areas for the numerous theoretical research, accumulated the rich experience. Compared with foreign countries, China on the enforcement of administrative compulsion theory study relatively lags behind, the current theoretical defects and blurred understanding clearly enough to supervise the administration of enforcing practice, but the practice administrative organs for compulsory administrative conducts pursuit and administrative relative to compulsory administrative conducts strong dissatisfaction and hint we in the existing administrative enforcement system reform is imperative.This papers to the administrative enforcement of good operation and aims to explore suitable for China’s national conditions of administrative enforcement system as the goal, in foreign related laws, administrative enforcement operation condition and improvement of the parties scholars scheme is proposed, based on the established by administrative organs exercise compulsory administrative conducts compulsory execution system. This paper includes preface, text and ending three parts. In the preface part, summarized the enforcement of administrative compulsion research value, and briefly introduces the existing limitations of the study, leads to writing reasons. Text is divided into four parts.Firstly, for the enforcement of administrative compulsion theoretical analysis, based on the enforcement of administrative compulsion basic concepts, basic properties are discussed, and the fundamental principles of establishing the enforcement of administrative compulsion theoretical basis. Secondly, expounding China’s existing laws and regulations on administrative enforcement system, and to stipulate the current administrative enforcement of existing problems and their causes were thoroughly analyzed, in order to further the reform to provide the realistic foundation.Thirdly, introduce overseas administrative enforcement system of main theory and practice:on the foreign administrative enforcement theory of comparative study of all countries, master of this institution scholar of academic ideas and governments in the system of legislative situation.Fourthly, of Chinese administrative authorities itself the compulsory execution system constructing:administrative authorities itself compulsory execution feasibility analysis, from China’s reality, reforming the current administrative enforcement system.This paper summarizes parts, in summary on the basis of research achievements, refining and strengthening of this paper centers on topic of the viewpoint, further research was prospected.

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