足彩app哪个是正规的

Popular Search Graduation Thesis Nursing Graduation Thesis Graduate Graduation Thesis E-commerce Thesis Undergraduate Graduation Thesis References Chinese Economic Papers

法学论文 > 行政法论文 Papers > Legal Papers > Administrative Law Papers

On the Introduction of the Concept of "Administrative Process" in Administrative Law

编辑: 毕业论文 Release time: 2016-08-19 Editor: Graduation Thesis

On the Introduction of the Concept of "Administrative Process" in Administrative Law

【Abstract】 Traditional administrative jurisprudence takes "administrative action" as its core concept. It does not pay much attention to the relationship between other actions other than administrative actions and continuous actions in the same administrative process. It focuses on static and fixed-point investigations. The legitimacy of a single administrative act. However, because the reality administration has the characteristics of integrity and dynamics as a process, the concept of administrative action has its shortcomings such as limitation and staticness when examining the reality administration. Therefore, modern administrative jurisprudence should introduce the concept of "administrative process", and take the "administrative process" composed of a series of actions to achieve the same administrative purpose as the object of investigation, and comprehensively take into account various forms of behavior in the administrative process. It also focuses on the correlation between various acts in the same administrative process and the links within the same act, and carries out comprehensive and dynamic legal norms and control of the administrative process.
[Keywords] administrative law; administrative behavior; administrative process

【text】

In order to achieve specific administrative purposes (public interest), administrative agencies often carry out various activities against counterparties, such as ordering, expropriation, expropriation, permitting, punishment, enforcement, etc. These behaviors appear in various forms in form. In order to carry out legal norms and legal studies on these different forms of behavior, the administrative law of the traditional civil law system uses the concept of "legal acts" in civil law as a template, and combines administrative law as the characteristics of public law to create administrative The concept of "administrative action" peculiar to law, with this concept as the core, builds a relatively complete theory around the concept, type, content, establishment, effective, elimination, appendix, effect, defect, discretion, etc. of administrative action The system, that is, the theory of administrative behavior, then forms the theoretical system of the entire administrative law. China's administrative law has generally transplanted the concept of administrative action and its theoretical system in the civil law system, and based on this, it has constructed China's administrative legal system, for example, the Administrative Penalty Law, the Administrative Licensing Law, and the Administrative Compulsory Law. The Law and other laws are based on the theory of the type and content of administrative actions, while the Administrative Procedure Law is based on the theory of the effectiveness, flaws, and discretion of administrative actions. It can be seen that the concept of administrative behavior is of great significance in China's administrative law. However, from the perspective of actual administration, with the diversification of administrative methods used by administrative organs, the traditional concept of administrative behavior cannot completely cover the actual administrative activities, so how to regulate and control behaviors other than administrative behaviors At the same time, there is a direct or indirect relationship between various actions in real administration, while the traditional administrative jurisprudence splits it into individual administrative actions and examines them separately, but ignores the links between these actions. Aiming at the above-mentioned shortcomings of the concept of administrative behavior and the procedural characteristics of actual administration, this article is based on the perspective of administrative process theory, and advocates introducing the concept of "administrative process" from administrative science to administrative law, and giving it administrative law Meaning to make up for the lack of the concept of administrative action.

I. The traditional concept of "administrative action" cannot meet the requirements of administrative process characteristics

In real administration, in order to achieve a specific administrative purpose, administrative agencies often need to continuously perform a series of actions to form a dynamic process as a whole, that is, administrative has procedural characteristics. However, the traditional administrative law generally uses the concept of "administrative action", selects several typical or main actions from the administrative process and positions them as "administrative actions", and examines the legitimacy of individual administrative actions separately, as a whole. The "administrative process" as a concept of fact is excluded from the scope of administrative law research. However, the actual administrative process has the characteristics of integrity and dynamics. For this reason, the concept of administrative action cannot fulfill the requirements of administrative law and administrative law in response to these characteristics of the administrative process.

2 3 4 5 6 7 8 下一页 Previous 1 2 3 4 5 6 7 8 Next

On the Introduction of the Concept of "Administrative Process" in Administrative Law

Hot spot ranking
Recommended reading

The graduation thesis website provides the latest graduation thesis topics, graduation thesis opening report , graduation thesis acknowledgment , graduation thesis defense , graduation thesis writing format , graduation thesis references, etc. At the same time, it also provides university students with the best and most comprehensive graduation thesis essays , graduation speeches , graduation messages , graduation gifts, and so on.

Some of the resources of the Graduation Thesis Network come from the Internet. The copyright of the content belongs to the original author. If there is any infringement, please let us know and we will deal with it immediately.

Graduation Thesis Website Sitemap TAG Tag Henan ICP No. 17024122-1