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Liability for Administrative Offences in China: With Special References to Public Interests and Human Rights KCI 등재 SCOPUS

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이준국제법연구원 (YIJUN Institute of International Law)
초록

The article provides a general description of liability for administrative offenses under the PRC legislation. It considers general principles of responsibility for administrative offenses, the system of bodies that impose administrative penalties, the system of administrative penalties and the procedures for imposing them. The authors determine how well it is possible to strike a balance between public and private interests in the legislation on administrative penalties. “Legality” is declared as a basic principle of administrative liability in the PRC. In this article, the authors have concluded that the principle of legality has a rather specific content. Administrative offenses and penalties are not codified in China but are dispersed in a significant amount of laws and regulations. This approach ensures the existence of a fairly dynamic system of administrative measures which guarantee a proper order in the rapidly developing Chinese economy. At the same time, this approach carries a risk of abuse of power by public bodies and excessive state intervention in the life of individuals.

목차
1. Introduction
2. Definition and Basic Principles ofAdministrative Penalty
    A. Legality
    B. Openness
    C. Fairness
    D. Guaranty of Protection
3. Bodies Imposing Administrative Penalty
4. Administrative Penalties System
5. Procedures of Imposing Administrative Penalty
    A. Summary Procedure
    B. Ordinary Procedure
    C. Procedure of Hearing
6. Review
7. Conclusion
References
저자
  • Alekseenko Aleksandr P.(ladivostok State University of Economics and Service (Department of Civil Law Disciplines))
  • Popova Iuliia Yu.(Far Eastern Federal University (Department of Constitutional and Administrative Law))
  • Shishkina Olga E.(Far Eastern Federal University (Department of Constitutional and Administrative Law))