Graduation thesis defense is the last link of graduation thesis teaching activities, and it is basically the last thing before graduation.
First of all, let me introduce myself: my name is Cui Zheng, and I come from xx Law School 16 1207 1 class. My graduation thesis is entitled "On the Task of Administrative Law Enforcement". This paper was completed under the careful guidance of Juck Zhang. Here, I would like to express my heartfelt thanks to Mr. Zhang. It can be said that without his assistance, it is difficult for me to successfully complete my studies in these two years. At the same time, I also want to take this opportunity to express my deep respect to other teachers who have taught me knowledge in the past two years!
Above, I will make a brief statement on the basic contents of my graduation thesis:
I want to stop introducing the writing of this paper from the following four aspects: first, the process of topic selection; Secondly, the purpose of the topic; Thirdly, it is the basic structure and secondary content of the paper; Let me talk about the shortcomings of this paper first. First of all, the process of topic selection
Last June, 5438+ 10, Teacher Zhang gave us the obligation to write our graduation thesis. After teacher Zhang agreed, I decided to write administrative law. But the detailed title has not yet been decided. When considering the topic and looking for relevant materials, we can see that the most sought-after discussion today is the performance of administrative organs in law enforcement. Administrative law enforcement activities touch all aspects of social life, and administrative departments contain and contact each other. In ordinary tasks and life, some law enforcement officers do not regard themselves as public servants of the people, but treat the people coldly, hard and rudely, and even abuse their legitimate rights and interests by virtue of their rights, deceiving, corrupting and bullying the people in private, seriously damaging the interests of the people. For example, I saw a case about unreasonable tax enforcement on TV. Due to the influence of many objective and objective factors in the current law enforcement situation, there are unreasonable scenes such as impunity, arbitrary punishment or bad law enforcement attitude. Seeing this, I feel that the law enforcement is now on the rise. Contemporary China is in a period of social transformation, from a traditional society ruled by men to an ancient society ruled by law, from a natural economy to a market economy, and from a society where rights dominate everything to a society where rights dominate everything. During this period, new ideas, new systems and new measures emerged from time to time. Among these reborn things, cultural law enforcement has become the focus of attention. As a new law enforcement concept, culture meets the requirements of building a harmonious society, so I decided to design my thesis with the theme of administrative law enforcement culture.
Secondly, the purpose and significance of the topic.
In a civilized society ruled by law, building a harmonious socialist society is the mainstream and people-oriented is the second important content. The modernization of law enforcement coincides with this trend, so it can be said that the modernization of law enforcement is certain. The more advanced society and technology are, the more people's rights and interests should be respected. It is the goal pursued by administrative law enforcers and the eternal struggle of administrative law enforcers to build a law enforcement method that takes human rights as the bottom line and ensures the objectivity and fairness of law enforcement. However, humanization is inhuman. We should correctly understand the relationship between law enforcement and strict law enforcement. Law enforcement and strict law enforcement are not mutually exclusive, not to mention conflicting, but complementary, mutually reinforcing and consistent. Therefore, the elaboration of administrative law enforcement is essential. This is an actual achievement that has to be faced.
China has advocated administration according to law for many times. Administrative law enforcement is a secondary skill for administrative organs to exercise administrative functions according to law and an important way to accomplish administrative purposes. At the same time, it is the center of governing the country according to law, and the degree of administration according to law indirectly affects the completion of the purpose of a country ruled by law. However, the current situation of administrative law enforcement is not perfect, for example, the administrative legislation in the legal system of administrative law enforcement is not in place, the establishment of law enforcement agencies is not perfect, and the supervision of law enforcement is weak. There are also the achievements of administrative law enforcement personnel themselves. With regard to changing this model, it is necessary for us to reflect on the reasons for these achievements and find out the ways to deal with them. This is a theoretical achievement.
Third, the basic structure and general content of the paper.
This paper is divided into five parts, and discusses the demand of administrative law enforcement in the new period from different angles.
In the first part, the basic meaning of explanation is secondary. From three aspects, this paper expounds that law enforcement is a law enforcement activity that follows the law and reasonable order, and it is a non-discriminatory perceptual law enforcement activity that embodies humanistic care.
The second part discusses the rational orientation of administrative law enforcement in today's society, stopping from six aspects. 1, cultural law enforcement is mainly the achievement and requirement in law enforcement, but the skills, order and effect of cultural law enforcement are inseparable from cultural legislation; 2. Cultural law enforcement is discretionary law enforcement under the framework of the rule of law, and so-called cultural law enforcement should not be sought on the basis of abiding by the law; 3. Law enforcement should meet and show the fundamental requirements of reasonable order; 4. Cultural law enforcement is not a betrayal and breaking of the existing legal norms system, but a combination and coordination with the norms and rules of administrative law; 5. Cultural law enforcement is neither humanized law enforcement nor fragile law enforcement, but combines the principle of administration according to law with the sensitivity of humanistic care; 6. Cultural law enforcement is of great value and significance for alleviating, containing and resolving social contradictions and conflicts and building a harmonious society.
The third part expounds the achievements in the future administrative law enforcement, followed by the achievements in the legal system of administrative law enforcement and the administrative law enforcement personnel themselves.
The fourth part discusses the relationship between building a harmonious society and culture, and then expounds the same standard of their extension.
The fifth part discusses how to complete the law enforcement in theory, and then from the practice, expounds the theoretical difficulties and ways, such as the establishment of the rule of law, the establishment of institutions, education and publicity, the establishment of teams and the supervision of law enforcement.
The second model of defense draft for law graduation thesis: First of all, introduce myself: my name is xxx, and I am a class of 2007 law161207/kloc-0. My graduation thesis is entitled "On the Humanization of Administrative Law Enforcement". This paper was completed under the careful guidance of Juck Zhang. Here, I would like to express my heartfelt thanks to Teacher Zhang. It can be said that without his help, it is difficult for me to successfully complete my studies in these two years. At the same time, I also want to take this opportunity to express my deep respect to other teachers who have taught me knowledge in the past two years!
Below I will make a simple statement on the basic content of my graduation thesis:
I want to introduce the writing of this article from the following four aspects: first, the process of selecting the topic; Secondly, the purpose of the topic; Thirdly, the basic structure and main contents of the paper; Finally, talk about the shortcomings of this article. First of all, the process of topic selection.
From June 5th to 10 last year, Teacher Zhang assigned us the task of writing a graduation thesis. After teacher Zhang agreed, I decided to write administrative law. But the specific topic has not yet been decided. When I was thinking about the topic and looking for relevant information, I saw that the issue of law enforcement by administrative organs was the most discussed today. Administrative law enforcement activities involve all aspects of social life, and administrative departments contain and contact each other. In normal work and life, some law enforcement officers do not pretend to be public servants, but treat the people coldly, hard and rudely, and even trample on the legitimate rights and interests of the people by virtue of their power, bullying the city in private, seriously damaging the interests of the people. For example, I saw a case about unreasonable tax enforcement on TV. Under the current law enforcement situation, due to the influence of various subjective and objective factors, there are unreasonable phenomena such as no punishment, arbitrary punishment or bad law enforcement attitude. Seeing this, I feel that the improvement of law enforcement is imminent. Contemporary China is in a period of social transformation, from a traditional society ruled by man to a modern society ruled by law, from a natural economy to a market economy, and from a society where power dominates everything to a society where rights dominate everything. During this period, new ideas, new systems and new actions are constantly emerging. Among these new things, humanized law enforcement has become the focus of attention. Humanization, as a new law enforcement concept, is catering to the requirements of building a harmonious society today, so I decided to design my thesis with the theme of humanization of administrative law enforcement.
Secondly, the purpose and significance of the topic.
Today, with great efforts to build a civilized society ruled by law, building a harmonious socialist society is the mainstream, and people-oriented is its main content. Humanization of law enforcement just caters to this trend, so it is inevitable to realize humanization of law enforcement. The more advanced society and advanced science and technology, the more people's rights should be respected. Constructing an objective and fair law enforcement method with human nature as the guide and human rights as the bottom line is the goal pursued by administrative law enforcers and the eternal struggle of administrative law enforcers. However, humanization is inhuman. We should correctly understand the relationship between humanized law enforcement and strict law enforcement. Humanized law enforcement and strict law enforcement are not mutually exclusive, let alone contradictory, but complementary, mutually reinforcing and unified. Therefore, it is indispensable to discuss the humanization of administrative law enforcement. This is a theoretical problem that has to be faced.
China has advocated administration according to law for many times, and administrative law enforcement is the main means for administrative organs to exercise administrative functions according to law and an important way to achieve administrative management goals. At the same time, it is the core of governing the country according to law, and the level of administration according to law directly affects the realization of the goal of a country ruled by law. However, the present situation of administrative law enforcement is not satisfactory, for example, the administrative legislation in the legal system of administrative law enforcement is not in place, the establishment of law enforcement agencies is not perfect, and the supervision of law enforcement is weak; There are also problems of administrative law enforcement personnel themselves. To change this state, it is necessary for us to reflect on the causes of these problems and find out the solutions. This is a practical problem.
Third, the basic structure and overall content of the paper.
This paper is divided into five parts, and expounds the need for humanization of administrative law enforcement in the new era from different angles.
The first part mainly explains the basic meaning of humanization, and briefly explains that humanized law enforcement is a non-discriminatory rational law enforcement activity that follows the law and due process, and an activity that embodies humanistic care.
The second part expounds the reasonable orientation of humanization of administrative law enforcement in today's society, mainly from six aspects. 1. Humanized law enforcement is mainly a problem and requirement in law enforcement, but the means, procedures and effects of humanized law enforcement are closely related to the humanization of legislation; 2. Humanized law enforcement is discretionary law enforcement under the framework of the rule of law, and so-called humanized law enforcement should not be sought on the basis of breaking the law; 3. Humanized law enforcement should follow and reflect the basic requirements of due process; 4. Humanized law enforcement is not a departure and breakthrough from the existing legal norm system, but a combination and coordination with the principles and rules of administrative law; 5. Humanized law enforcement is neither humanized law enforcement nor weak law enforcement, but combines the principle of administration according to law with the flexibility of humanistic care; 6. Humanized law enforcement has outstanding value and significance for alleviating, containing and resolving social contradictions and conflicts and building a harmonious society.
The third part expounds the problems existing in the current administrative law enforcement, mainly the legal system of administrative law enforcement and the problems existing in the administrative law enforcement personnel themselves.
The fourth part expounds the relationship between building a harmonious society and humanization, mainly starting from the principle of similar connotations.
The fifth part expounds how to realize humanized law enforcement in practice, mainly from the reality, and expounds the difficulties and ways of humanized practice, such as rule of law construction, institutional setup, education and publicity, team building, law enforcement supervision and so on.
This article was written after consulting relevant materials and previous research. I try to start with the basic knowledge of humanization and strengthen the rational understanding of it; Furthermore, it expounds the reasonable orientation of humanized law enforcement, and based on the comparative study of current law enforcement, puts forward some opinions and suggestions on the necessity of advocating humanized law enforcement in the mainstream of building a harmonious society in the new period, in order to attract the attention of Chinese academic circles, conduct more extensive and in-depth research on these issues, and finally find a solution suitable for China's current situation. The above is the general structure and content of my whole thesis. Thanks again to Mr. Juck Zhang for giving me a lot of inspiration and guidance in the whole writing process, so that I can correct my mistakes in time and successfully complete the writing of this graduation thesis.
Finally, there are still some shortcomings in the paper.
First, data collection is difficult, and my theoretical level is not enough. Therefore, in the process of writing, some paragraphs quoted the original text, and there were few original comments. I will continue to work hard in the future.
The second point is that the viewpoint of the paper is immature. Due to the lack of research and exploration efforts, the actual operability of the article may be poor, and it lacks certain practical value. There is a big gap with the level expected by teachers.
In a word, I have learned a lot after writing this paper, but due to the lack of knowledge and limited time and energy, there are still some shortcomings in content expression and demonstration, and many problems need further thinking and exploration. I would like to take this opportunity to reply and urge all teachers to criticize and correct me.
My defense statement is over. Thank you, judges and teachers!
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