从行政诉讼看行政执法中存在的问题及对策研究

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1、2008届硕士研究生学位论文从行政诉讼看行政执法中存在的问题及对策研究问题及对策研穷行政法学贵州大学硕士研究生学位论文目录中文摘要····························……I英文摘要····························……n前言································……1第一章从行政诉讼看行政执法中存在问题·························……1第一节主要证据不足的问题·································

2、····……3一、未掌握行政管理相对人的违法事实····························……3二、行政管理相对人责任主体错误································……3三、诉讼中未能提供完整的证据··································……4四、具体行政行为定性错误······································……4五、行政相对人的身份及责任能力认定错误························……4第二节适

3、用法律法规错误的问题··································……4一未依据法律法规作出··········································……5二·未适月法律的条款··········································……5三、未适用法定情节或并罚条款··································……5四、依据的法律规章调解的法律关系不当··························……6五、适用

4、了尚未生效或己经失效的法律法规························……6第三节违反法定程序的问题······································……6一、缺少必要的法定程序········································……6二、适用程序种类错误··········································……7三、未依法律程序送达行政文书··································……7四、被告

5、在法定期限内未实施行政行为····························……7五、未告之行政管理相对人依法享有的权利························……8六、未遵守回避制度············································……8七、具体行政行为未采取要式行为································……8第四节行政越权的问题··········································……8一、超越法定职权

6、··············································……8二、超越级别职权··············································……9三、超越地域管辖权············································……9四、超出法定幅度··············································……10第五节行政失职的问题·····························

7、·············……10一、明确拒绝履行法定职责······································……10二、消极履行法定职责··········································……10三、行政机关部分履行法定职责··································……10四、无正当理由逾期仍不履行····································……11五、拖延履行法定职责的行政失职············

8、····················……11第二章行政执法存在问题的原因分析······························……11第一节执法人员的原因··········································……11一、执法人员的素质············································……12