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Research on Judicial Remedial Procedure for Administrative Omission

Author: ZhouYu
Tutor: XiangZhongCheng
School: Guangxi University for Nationalities
Course: Procedural Law
Keywords: Administrative omission Judicial relief Proceedings
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 126
Quote: 0
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Abstract


Administrative omission is a common administrative violations , but the lack of a set of the targeted judicial relief program . So, for administrative omission judicial relief program research is very necessary . Looking at the academic research , the number does not say much , but most studies have not yet in - depth and systematic , also a small number of existing legal provisions put forward a set of comprehensive programs . In this context , the overall combing and theoretical depth discussion of administrative omission judicial relief procedures prescribed by law will be the objective of the study . The so - called administrative omission of judicial relief procedures , administrative relative person with non-performance or delays the performance of violations of its obligations to the people's court , the people's court shall proceed with the hearing and made ??by the State force to ensure that the administrative body in the program the implementation of the judgment and steps general. It is the service demands of the administration , is also the highlight of procedural fairness . Common law and civil law countries , as for administrative cases of different treatment methods , many of them can learn from it . Compared to other countries, China 's current legal scope of the case of the program , the limitation period , the burden of proof , the type of sentence and execution of the judgment and other aspects of the requirements, but there are many related provisions and systems defect . In order to overcome the administrative omission judicial relief program the difficulties faced by clear and expansion of the scope of the case , correctly set the limitation period , a rational allocation of the burden of proof the improved judgment type, and to solve the difficult problem of execution of the judgment .

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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