行政法与行政诉讼法英文论文

中国地质大学（武汉）公共管理学院课程论文

论 文 题 目： My understanding of administrative law 学 校 名 称：中国地质大学（武汉）

课 程 名 称：行政法与行政诉讼法

学 生 姓 名： *鹏浩

学 习 中 心：公共管理学院

学 号：***********

指 导 老 师：***

日 期：****年7月

My understanding of administrative law

Administration refers to the state administrative organs and public affairs and decision-making, organization, management and regulation .It is a national activity, the administrative authority of administrative power, the performance of administrative functions .In this process, the administrative organ must rely on and use of state coercive power, and administrative management involves each aspects of citizens, legal persons or other organizations .Due to the powerful role of state power, administrative organs and their personnel to the weak administrative relative party ,citizen, legal person or other organization is easy to produce exceeding authority, abuse of power, loss of justice, abuse power for personal gains, such as random law enforcement, corruption and illegal phenomenon, damage the legitimate rights and interests of administrative relative party, damage the people's government of a good image in the minds of the people, so that obstacles to the socialist market economy and the construction of socialist democracy and development .Based on this, in order to protect the legitimate rights and interests of citizens, legal persons and other organizations, maintenance and supervision of administrative organs and their staff in accordance with the law of administrative power, administrative litigation can develop the supervision and administration

State organ system in our country, the administrative organ is the organ of state power of execution organ .It formulated on the basis of organs of state power, reflect the will of the masses of the people and the interests of legal and management of the state and society .Administrative authority is different from general power, it is mandatory and a priority. Mandatory refers to the administrative power by national force for security, maintaining social order and public interests, improve social welfare, safeguard citizens' lives and property and personal freedom shall be inviolable .At the same time, the administrative power has priority, is refers to the administrative power and the rights of other social organizations and individual citizens when they met in the same field or the same scope, prior exercise of executive power and the effectiveness of the implementation .And because of the administrative power is a matter of public interests and personal interests, and has self expansionary, easy to cause the power abuse, lead to corruption .In order to prevent the abuse of administrative power, to promote administrative organs and their staff strictly in accordance with the legal right to exercise its functions and powers, it is necessary to supervise, to ensure the will and interests of the broad masses of the people can properly reflect and true implementation .In our country, supervision and administration of the subject more extensive, including political parties, power organs, procuratorial organs, judicial organs and social organizations and the masses of the people .

All of them to achieve the goal of the administrative organ work of supervision and ensure the effect, as a judicial organ of the people's court in the administrative litigation resolves disputes administrative way for administrative supervision is the most fair and effective .To prevent abuse of power and the best way to prevent corruption is power restriction power, it has become a cause.The administrative litigation is the use of national jurisdiction of the people's court to

supervise the exercise of executive power .Administrative litigation is refers to the citizens, legal persons or other organizations in that administrative organs and their staff the specific administrative act of infringement of their legitimate rights and interests, in accordance with the law to the people's court for judicial protection, and to review the specific administrative act by the people's court and the referee a litigation activity.The jurisdiction of the state and people to the people's court in accordance with the law, independent exercise, can ensure that laws are unified and correct implementation .It is because of the people's court in accordance with the law, independently use exercise of the right of judicial review on administrative power to decided to the supervision of the administrative litigation is the most fair and effective way of supervision and administration.

Administrative activities is the most direct, the most frequent state management activities. Administrative organs as organs of state power of execution organs, as previously mentioned, powers and authorities of office of exercise of its activity involves all aspects of national life and social life, directly to the vital interests of citizens, legal persons and other organizations .When the state administrative organs and their staff in exercising their functions and powers when the abuse, abuse power for personal gains, jump the law enforcement for illegal behavior or dereliction of duty, will inevitably damage the public interests, the infringement of the legitimate rights and interests of citizens, legal persons and other organizations .Citizens, legal persons or other organizations through the way of administrative litigation, the request using the jurisdiction of the people's court the power to make their own legitimate rights and interests for relief .

National prosperity, national rejuvenation in the improvement of overall quality, while the consciousness of democracy, rule of law is an important factor of national overall quality .Civil lawsuit against illegal administrative behavior of administrative organs through, in the face of strong administrative organ, the people's court of the use right of judicial review to protect the vital interests of the citizens, and to make citizens directly truly realized just, fair and thus to improve citizens' consciousness of democracy, rule of law in administrative litigation provides a new, more intuitive form .In the process of administrative litigation, citizen can put forward their claims in accordance with the law, through the trial, the people's court according to law may sustain, cancellation or part of a cancellation, the change specific administrative act, but also decision deadline of statutory duties, reflect the law of justice and fairness.

Citizens can also to administrative activities of administrative organs and their personnel advice and criticism, the administrative organ and its personnel shall accept, for the good Suggestions should be adopted, prompted the administration according to law, to improve administrative efficiency and benefits .In this way, the citizens through the administrative litigation, not only to supervise the administrative organs of the administrative management activities play a role, but also fully expressed his will, in accordance with the law to participate in the democratic management of state and social affairs, to realize the rights of the people are masters of the country, so as to greatly improve the citizens' consciousness of democracy, rule of law .

The establishment of administrative law, the administration according to law,

safeguard the legitimate rights and interests of citizens, to perfect our socialist legal system, and implement the strategy of governing the country according to law has important significance.To set up and perfect the administrative litigation system in China, there is a process, I know the situation, introduce some, to deepen to the law the understanding of the significance and principles of law policy. My introduction and view, only for your reference.