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On the Legal System of Administrative Authority Conflict
Author: WangZuo
Tutor: WangHengQin;XinGuoEn;ShiDongPo
School: Hebei University
Course: Constitutional and Administrative Law
Keywords: administrative authority administrative authority conflict the solution mechanism of administrative authority conflict
CLC: D922.1
Type: Master's thesis
Year: 2009
Downloads: 75
Quote: 0
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Abstract
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As a state power, administrative authority is one kind of formidable control strength and regulative strength. Cause the legislation, law enforcement and ualsfnebtmln, the administrative authority general meeting appears overlapping and redundant, and then the administrative authority conflict inevitably occurred, and the law lacks to unified stipulation of the administrative authority conflict solution. That is not only causes the administrative chain of command interior to be unstable, but also affects the authority and the efficiency of the executive power exercises, moreover does not favor the protection the legal advantage of administration relative person and the social public.At present, as to our country administration authority conflict processing mechanism, its stipulation only presents in the single line legal document, lacks the institutionalization and the standardized legal rule, does not favor the solution of administrative authority conflict.As the aspect of practice, during the past years, although the measure adopted by the government comes out effectiveness, which is to establish of the deliberation and coordination agencies of the administration and the stipulation of the administrative coordination procedures, the problem is still prominent. We may say that the administrative authority conflict already became the serious problem, which our government has to treat seriously and try hard to solve effectively during the process of its self-building. Therefore, looking from the system vicissitude’s way dependence and the system development’s practice foundation, we should carry on the induction and the analysis regarding the present administration authority conflict solution way and the procedure of our country.Through the summary and the appraisal of the solution way to the present administrative authority conflict, we may see that our country carry on the solution to the administrative authority conflict, which practice to be insufficient at present fundamentally to solve the complex authority conflict problem. Therefore we have the necessity to profit from the overseas processing experience of the administrative authority conflict, to perfect our administrative authority conflict’s solution mechanism, and to integrate administrative authority conflict’s processing to legal system’s track.
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CLC: > Political, legal > Legal > Chinese law > Administrative law
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