The Construction of the Principle of Stopping the Enforcement of Administrative Act in the Administrative Procedure Law
Xu Xiaodong
Abstract
Xu Xiaodong
Abstract
China’s Administrative Procedure Law provides the principle of stopping the enforcement of administrative act,but it faces embarrassment of shaking the principle in both legislative status and actual practice.Therefore,it is necessary to consider determining the principle of stopping the enforcement of administrative act during the modifying process of the Administrative Procedure Law.In addition,while the principle is confirmed,we should execute theMode of Enforcement by Administrative Departments onlyas a precondition and attach importance to the balance between right security and the protection of public interests in the course of integrating specific articles of the law.
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China’s Administrative Procedure Law provides the principle of stopping the enforcement of administrative act,but it faces embarrassment of shaking the principle in both legislative status and actual practice.Therefore,it is necessary to consider determining the principle of stopping the enforcement of administrative act during the modifying process of the Administrative Procedure Law.In addition,while the principle is confirmed,we should execute theMode of Enforcement by Administrative Departments onlyas a precondition and attach importance to the balance between right security and the protection of public interests in the course of integrating specific articles of the law.
Key concepts: Administrative law, Enforcement, Embarrassment, Legislature, Law, Balance (ability), Law enforcement, Public law