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Harmonious Society executive relative protection of procedural rights

Author: JiangZuo
Tutor: ZengZuo
School: Southwestern University of Finance and Economics
Course: Marxist Theory and Ideological and Political Education
Keywords: Harmonious society Administration according to law Administrative relative person Procedural rights
CLC: D922.1
Type: Master's thesis
Year: 2008
Downloads: 63
Quote: 1
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Abstract

Administrative counterpart procedural rights is defined by the Administrative Procedure Act required or recognized, the administrative body in the course of their duties, the administrative relative person enjoyed, used to fight the administrative body and administrative body with administrative procedural obligations corresponding rights . Administrative counterpart procedural rights is to safeguard the rights of the administrative counterpart entities effective form, is a chief priority reasonable control, but also the administrative legal relations of unequal balance. With the concept of people-oriented harmonious society's intrinsic motivation and extrinsic requirements of democratic and legal construction, protection of the rights of citizens are more and more concern and attention. In the socialist rule of law on the road, according to the administrative requirements and continuously push forward the process of administrative procedure law, and protection of the administrative relative person's procedural rights in the legal system of administrative procedures is an important issue. This article was chosen from the administrative procedural rights relative to the protection of this person perspective of harmonious society to study the contents of human rights protection, because at this stage of China to protect the administrative relative person's procedural rights protection of human rights has a very important practical significance . Cultural traditions of our country in France is a light-weight program entities in countries of procedural justice in the law is not sufficient to establish pole. The current status quo is the expansion of administrative power, the use of confusion, inadequate control citizens' legitimate rights and interests can not be effectively protected. This paper argues that the procedural rights of the constraints on state power role is particularly important in the modern administrative procedures in the process of legalization, the relative who is most in need of procedural rights established. Therefore, improving the administrative relative person procedural rights system, in practice, in a variety of ways to ensure that the administrative procedural rights relative to achieve, this will also be the only way to build a harmonious society. Based on the concept of people-oriented harmonious society excavation, on how to protect the administrative relative person's procedural rights conduct relevant research, I hope to be able to improve the mechanism for protection of the rights of harmonious society to make a modest contribution. The main contents of this chapter are as follows: The first chapter is the construction of a harmonious society and its institutions. Social harmony is the essential attribute of socialism with Chinese characteristics is our party's fundamental concept in managing state affairs and consistent pursuit of value. Proposed at this stage six distinctive features a harmonious society, and the goal of building a harmonious society but also for the construction of China's political system presents many new requirements. So chapter first proposed the concept of a harmonious society from the starting point, analysis of China put forward the reasons for building a harmonious society and a harmonious society should have the basic characteristics, and further analysis of the harmonious society targeting specific requirements. Next, the specific requirements of these come out of Harmonious Society importance of institution building, detailing the basic content of the system construction, and on this basis to highlight the construction of harmonious society on the system requirements. The last part of strengthening the rule of law system construction in digging out the important role of the connotation of administration according to law and administrative law demonstrated by analyzing a necessary requirement to protect the administrative relative person's procedural rights. Overall, the first chapter from the requirements of building a harmonious society in the layers were separated from the administrative counterpart procedural rights protection issues, as other chapters of writing this article foreshadowing a framework foundation. The second chapter is the administrative counterpart procedural rights outlined. This chapter begins with the administrative relative person procedural rights related concepts explained and summarized on the basis of its content and features. Next, in respect of the rights related theories are introduced, on the relationship between power and right on the corollary of substantive rights and procedural rights of contrast, the final transition to the administrative protection of procedural rights relative origin, that is natural justice principles and the principles of due process. This chapter presents the administrative procedural rights relative concept has a strong professional, so in this interpretation of their content to make, hoping for article writing outline a clear platform. Chapter III for building a harmonious society and the executive relative procedural rights protected Relations. In the administrative relative person procedural rights have a basic understanding of protection on the basis of this chapter rights through domestic and international attention and conservation status of a comparative study on the harmonious society and administrative protection of procedural rights relative to sort out the relationship, refining the people-centered concept and rights protection mechanisms to establish this integration point, and on this basis, that the administrative counterpart procedural rights protection at this stage there are still problems and cause analysis. This chapter highlights the administrative counterpart procedural rights protection and building a harmonious relationship between society and pave the way for the next chapter of writing. The fourth chapter is the strengthening of administrative procedural rights relative protection countermeasures. In our country due to various historical reasons of administrative activities in excessive expansion of administrative power, the program is not strong legal concept, administrative procedural rights relative lack of effective protection, thereby affecting its physical realization of sexual rights, which is to be achieved by a harmonious society democracy and the rule of law, fairness and justice is still far. Therefore, this chapter from building a harmonious society requirements, further refine improve the administrative procedural rights protection relative target mode, the basic principles and main system, to promote the development of a harmonious society to provide reasonable suggestions. Main ideas and contributions of the paper: 1. Harmonious society is a complex system engineering, covering political, economic, cultural and other social aspects of content. Harmonious society with emphasis on people-centered concept requires the establishment of rights protection mechanisms, and administrative counterpart procedural rights protection are able to reflect the requirements of a harmonious society. The two combine their mutual relations by demonstrating raised relative to the protection of procedural rights administrative countermeasures advice for building a harmonious society in the protection of rights to provide a new perspective. 2 In this paper the administrative procedural rights relative protection of the rule of law because of administrative procedures increasingly high voice, \lack of understanding as well as their unequal status, so that their procedural rights have been violated. This situation with the great task of building a harmonious society is incompatible. Therefore, this paper intends to improve the administrative relative person from a procedural point of view of protection of the rights of human rights protection study proposes a useful reference. I hope to continue in-depth study on the future protection of the rights of harmonious society issues related to the foundation. The inadequacy of this article: As from the administrative procedural rights relative harmonious social rights perspective paucity of data protection requirements, although each country has different requirements, but due to time and data constraints, this article mainly from the country's real to study the situation, there are some limitations.

Harmonious Society executive relative protection of procedural rights

Abstract

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