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Range of Administrative Litigation

Author: ZhaoCong
Tutor: XiaoFengChang
School: Shanxi University
Course: Law
Keywords: Administrative Litigation Case range Defect
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 60
Quote: 0
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Abstract

As a prerequisite for access to administrative proceedings, the scope of administrative litigation plays an important role, and its width is directly related not only to the extent of court cases dealing with the scope of administrative disputes, also related to the administrative body administrative behavior is the extent of judicial oversight and review More related to the citizens, legal persons and other organizations protecting the legal rights. By the time the level of social reality and legal factors, the scope of administrative litigation in the establishment of the beginning of a very narrow, difficult to achieve the right to appeal the administrative counterpart, it is difficult to effectively protect the legitimate interests of the administrative counterpart. Therefore, from the establishment from the time when the scope of administrative litigation has been a heavy administrative proceedings study difficulties, academic circle has been controversial. Social situation of development and construction of administrative law, making the scope of administrative litigation law experts sound become a major issue solved. Based on the scope of administrative litigation general theory, the theoretical basis and the extra-territorial status of relevant legislation, the use of analysis, comparison and conclusion of the research methods, analysis of the scope of administrative litigation status, find their shortcomings, of Perfection The scope of administrative litigation new ways.The first part discusses the scope of administrative litigation general theory. First, defined the scope of administrative litigation concept, and then reviewed the scope of administrative litigation in China three years of development, concluded that the scope of administrative litigation significance.The second part of the protection of the rights and powers of supervision from the two discussed were the scope of administrative litigation theoretical basis, construction of the two is the scope of administrative litigation system cornerstone of improving and expanding the scope of administrative litigation must be considered an important factor, both embodies the forces of the result.The third part typical of two legal representatives selected countries--Britain, France and the United States and Taiwan, China, and case study, through their legislative principles, understanding of existing regulations in areas such as extra-territorial scope of administrative litigation status of legislation, this summary of the extraterritorial scope of administrative litigation at the advanced, learning from them.The fourth part to the extraterritorial scope of administrative litigation the legislative status as a warning, review the scope of administrative litigation in China’s current situation, by comparison analysis, the present stage the scope of administrative litigation realities that exist in the eight defects.PartⅤfor the above, by improving the scope of administrative litigation in China’s system of nine concept, to modify the administrative law in the future can be realized, the scope of administrative litigation to promote the expansion and improvement of Administrative Procedure Law, the Administrative Procedure Law to better in real life to play its due role.

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