Dissertation
Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law

Do not stop the implementation of the principle of reflection and reform

Author ChenShuangLing
Tutor WangXueHui
School Southwest University of Political Science
Course Constitutional and Administrative Law
Keywords Shall not be suspended Administrative Procedure Law Specific administrative act The implementation of the principle of Administrative organ The Public Force Public interest During the proceedings Administrative Law People's Court
CLC D925.3
Type Master's thesis
Year 2006
Downloads 184
Quotes 2
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The principle of not stopping execution of the specific administrative act is a particular principle in administrative redress system. As a kind of temporary measure to protect rights, the principle of not stopping execution of the specific administrative act means that during the period when administrative counterpart disobeys the specific administrative act made by the administrative organ and applies for reconsideration or the period when administrative counterpart brings a suit before a people’s court, specific administrative act won’t stop executing. Because of different constitutional ideas, historical traditions and administrative foundation, every country defines this principle differently. France and Japan are the primary representatives of the principle of not stopping execution of the specific administrative act, whereas German is the representative of the principle of stopping execution of the specific administrative act. The previous one is the normal form adopted by most countries. Strongly influenced by continental law system, our country has adopted the principle of not stopping execution of the specific administrative act both in Administrative Procedure Law and Administrative Reconsideration Law for the sake of administrative efficiency and public interests. The difference between principle and exception has aroused certain controversy amid academic circle in our country.This dissert begins with the analysis of connotation and historical origins of the principle of not stopping execution of the specific administrative act. Then it explains its theoretical foundation in terms of executive privilege theory, efficiency and justice theory and interest measurement theory. In addition, it makes a deep survey on the basis of comparing foreign system so as to analyze and reflect this specific principle in our administrative law. In order to find answers to the above questions, rational analytical method and comparative analytical method are adopted in this dissert, which is divided into four parts according to its structure.Part 1: Reflections on the principle of not stopping execution of the specific administrative act This part begins with the historical origin of this principle, introduces its connotation and explains three primary theoretical bases.

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