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《Northern Legal Science》 2009-01
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A Tentative Study on Claim of Right to the Administrative Performance

YANG Xiao-jun  
The claim of right to the administrative performance should satisfy three requirements:the administrative organ has the duty to perform; the claimant has personal interest thereof; a third party's interest is involved in such duty to perform. Based on critical analysis of traditional theories pertaining to the claim of right to the administrative performance,such as the doctrines of reflective interest; contracted power of discretion; externalization of inner norms and elaboration of legal norms,this paper holds that the theoretical foundations of the claim of right to administrative performance should be as follows:the people's sovereignty in politics should be reflected on legal rights; people are the subject of rights which is determined by theory of legal relation; the effective supervision and protection of rights entails the claim of right to the administrative performance.
【Fund】: 2007年度国家社会科学基金项目“行政不作为及其责任研究”(项目编号:07BFX021)的阶段性成果
【CateGory Index】: D922.1
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Chinese Journal Full-text Database 2 Hits
1 GUO Li,WANG Yun,XIAO Wei-tao(Nanchang Hangkong University,Nanchang,Jiangxi 330063 China;2.The people's Court in East lake District,Nanchang,Jiangxi 330006 China);Exploration into the Administrative Compensation Liability for Violation of Internal Norms——Taking the first case of complaint against 110 In Hubei for example[J];Journal of Nanchang Hangkong University(Social Science);2007-02
2 QIU Jian hui CAI Ru xing;Discussion of the Hazard of Administrative Omission and its Preventions[J];Journal of Zhang Zhou Teachers College and Social Philosophy;2004-02
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