herve leger toronto Supervision according to law a

lin22307

Keywords: complete lack of administrative legal supervision

rule by law and building a socialist rule of law, has been written into our fundamental law - the Constitution, become the people the struggle and the pursuit of the goal. To achieve this goal rule by law, the key in accordance with the law, with emphasis on administration, and also in accordance with the law difficult. This is because: on the one hand, the executive charged with managing the national law of things, economic and cultural undertakings, the heavy task of social issues, the national rights of the most active and universal rights. According to statistics, 80% of the law, 90% of the local laws and regulations, all administrative rules and regulations are implemented by the administrative organ. On the other hand, the executive in the exercise of the right to have a lot in the process of administrative discretion is most needed and most difficult to control controls the rights, executive power is arbitrary if exercised, would cause great people's basic rights the threat or damage. Therefore, to ensure that the executive administration according to law, we must strengthen the legal supervision of the executive authorities, reasonable and effective to establish a scientific monitoring system of administrative law. However, there are precisely the lack of strong executive power supervision and control, which is often caused by the current executive abuse of power, illegal and then the Chief Executive of the important reasons of corruption. The issue of administrative legal supervision on analysis of the status quo, on how to improve oversight mechanisms of administrative law published in the author's Yikongzhijian. One, administration and supervision of administrative law administrative law administrative law the basic principles of modern administration is generally the exercise of executive power to comply with the basic principles of administrative law, including the legal meaning and legal reserves and the proportion of priority principles. Of course, the static accordance with the law is an administrative body in accordance with the law is within the competence of the executive, but the widespread presence of administrative discretion and with the increasing expansion of executive power, static, according to law will be exceeded, a large number of dynamic administration, supervision and restriction on the administration has become increasingly difficult to rely solely on administrative subjects discipline themselves to achieve their own administration, and has been unable to achieve legal mode of administration according to law. Montesquieu in No upper limit and the right of supervision will have the right to freedom of the natural expansion of abiding by the law, ultra vires acts, abuse of power, dereliction of duty will be widespread. In general, the administrative law relationship consists mainly of administrative actions and legal relations between supervision and administrative law, supervision of administrative legal relations is an administrative legal system an important and indispensable part of the administrative legal relations should be of equal importance. But too much emphasis on the administrative act of the legal relationship between administrative law on the supervision and inadequate attention to the relatively weak relationship between supervision and administrative law, supervision of construction of a very imperfect system of administrative law, in order to reverse this unbalanced situation, supervision of administrative legal relations should be constantly improve and strengthen its sound is the key to establish a reasonable and sound and efficient scientific oversight mechanism, straighten out all the supervision relationship. Constitute a coherent whole monitoring system, so that, at present, our most urgent needs of the legal system is how to rationalize the administrative supervision of the various relationships, to establish a scientific, rational, sound and efficient monitoring system, the administrative act truly effective supervision and restriction, according to an early exercise of executive power, the people's rights are fully protected so that the rule of law strategy be achieved. Second, the status of legal supervision of the Chief Assessment (a) status of legal supervision of the Chief Administrative legal supervision in China has a long history of imperial supervisor from the feudal society to modern sen proposed However, from the late 50s, the administrative status of legal supervision is repealed. After reform and opening up, administrative legal supervision system have been established, and Law Commission, Human LAC, Office of Legislative Affairs, Audit Commission, the Ministry of Supervision, the party's discipline inspection departments have been established. 90 and formulated the Legal aspects of supervision. First, the supervision organ of State power, that the NPC and its Standing Committee as the main body overseeing the implementation of the executive branch. Second, the judicial supervision of the implementation of the national judiciary, that the implementation of the national judicial and inspection bodies and inspection and supervision to monitor the trial. Third, the administrative system of internal supervision, that is, on the lower levels of government and between the various departments of the general administrative supervision, and supervision departments and audit departments to monitor the implementation of specialized monitoring and audit supervision, administrative supervision. Fourth,[link widoczny dla zalogowanych], social supervision, including supervision of political parties and social organizations in the monitoring and supervision of the news media and the people's supervision. In the administrative system of legal supervision, the supervisory bodies have political, economic, legal, social, can be quite, with Chinese characteristics, in line with China's national conditions. However, the monitoring mechanism is not perfect, not perfect, there is not yet play its functional role, the effect is not ideal. Administration of the obvious defects in the largely exposed on the administrative legal system, all the lack of supervision and inadequate. (B) supervision of the Chief Legal Problems present, China's administrative legal supervision following major outstanding problems: First, the power system of administrative legal supervision configure the overall arrangement is unreasonable, each of lack of cooperation between the communication and coordination of organic, or prevarication humility or repeat monitoring, the monitoring work is not truly implemented, affect the authority and effectiveness of administrative supervision. The organ oversight,[link widoczny dla zalogowanych], internal supervision, judicial supervision and oversight of the forces of social unreasonable, inconsistent, not really form a monitoring force in the system design has been lacking. Supervision of both the National People's Congress, political parties, supervision, or monitoring, auditing and supervision, the supervision of the dispersion, the subject is the natural affiliation is subject to the constraints of multiple leadership. Oversight authority to stay in form,[link widoczny dla zalogowanych], there is no viable supporting monitoring system, difficult to play the appropriate supervisory role. National People's Congress as authority, the Constitution gives the the supervision and beyond the reach. Judicial supervision and weak forces, but mainly for the post-supervision, can do some tinkering in the supervision of the content is also more narrow, administrative proceedings administrative action on the absence of an abstract accepted. Although a certain degree of internal oversight attention, but as professional supervision, administrative supervision and auditing that have yet to establish an efficient and relatively independent oversight. Professional supervision departments within the administrative system as a relatively low status of the department, is often ineffective oversight, while also appears unable to monitor the phenomenon. Social supervision, in addition to the Central Commission for Discipline Inspection of the efforts to strengthen the investigation and handling major cases, the other such as news supervision,[link widoczny dla zalogowanych], supervision by the people and not really play its due role. In our current administrative system of legal supervision, the supervisory bodies have not yet associated with the formation of ordered structure, which is mainly as follows: First, the functional configuration of the oversight bodies overlapping each other, the responsibility is unclear, in monitoring the operation of the lack of communication between the process and contact. Second, the monitoring system failed to form a If for some cross-sectoral, cross-sectoral, regional, multi-level criminal cases constitutes the handling of public, or some way of troops and horses at the same time monitoring its behavior, the executive supervision of the abstract administrative act, belonging to the scope of acts of state administrative proceedings, administrative discretionary act was final line and the executive

Supervision of administrative law and administrative law issues Discussion

Summary ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .2 one, according to the executive and administrative legal supervision ... ... ... ... ... ... ... ... ... ... ... ... ... .. 3 Second, the administrative legal supervision status evaluation ... ... ... ... ... ... ... ... ... ... ... .3 (a) status of legal supervision of the Chief ... ... ... ... ... ... ... ... ... .. ... 4 (b) supervision of the Chief Legal Problems ... ... ... ... ... ... ... 4 Third, administrative legal supervision system development trends ... ... ... ... ... ... ... ... ... ... ... ... 6 IV, build and improve our oversight mechanisms of modern administrative law principles to be followed ... 7 five, and improve monitoring mechanisms of administrative law specific ideas ... ... ... ... ... ... ... ... 8

Abstract: At present, China has become the administrative system of legal supervision, but there are a series of problems and shortcomings: the right to administrative legal supervision system configuration in the overall arrangement is unreasonable; lack of proper supervision of the main independence; in monitoring the scope too narrow, lack of supervision and checks and balances of the object; in monitoring and supervision of the way means poor results; in monitoring procedures,[link widoczny dla zalogowanych], lack of transparency; the lack of monitoring mechanisms and comprehensive way. To solve these problems, the authors put forward the exploration of administrative law reform and construction oversight mechanisms Countermeasures. More articles related to topics：

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]

	Forum SIMSON JAWA ROMET (!!) Strona Główna -> Simson	Wszystkie czasy w strefie EET (Europa)
Strona 1 z 1