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The Statement about Value Judgment of Administrative Litigation

Author: FanZiJie
Tutor: ShangGuanZuoLiang
School: Suzhou University
Course: Legal
Keywords: administrative litigation value judgment interest conflict Judicial restraint
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 28
Quote: 0
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Abstract


During the administration of justice is often accompanied by legal interpretation, and legal interpretation and value judgments are often inseparable, and thus to a certain extent that the referee is in itself a value to determine the process. Value measurement is the administration of justice in a legal mode of thinking, but also a legal interpretation. Measure the value of the use of administrative proceedings is significant, measurable value for the administrative litigation law in the interpretation of the relevant laws to eliminate loopholes and even provide the theoretical basis for the settlement of administrative proceedings to provide an effective way to difficult cases and help in administrative proceedings related to System. However, the current value of the measure used in administrative proceedings there are still many problems, such as false in the proceedings with a value measure in the name of the real abuse of the mediation, prejudice the impartiality of the judiciary and the authority. Proposed to improve the value of the standard system of measurement, measure the value of a good grasp of the use of judicial restraint and adhere to the relationship between the two, so that the administrative proceedings to measure the value of the real play its positive role.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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