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Administrative withdrawal System

Author: ShangMin
Tutor: GengYan
School: Qingdao University
Course: Procedural Law
Keywords: Administrative withdrawal of the suit System Practices Compare Consummate
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 29
Quote: 0
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Abstract


Until recently, the Administrative Procedure Law of the People’s Republic has been issued for 20 years, and established a new system of surveillance the administrative organ and protecting the legitimate rights and interests of the people. It has a great significance in realizing the socialism country under the rule of law. In the last 20 years, the rate of the administrative withdrawal of the suit was low in the beginning, and then changed from low to high, it has returned to be low now again. The reduction and solution of the administrative dispute is not the only reason, there are many in-depth reason, such as the review mechanism of the court can’t be realized, the litigant’s right of appeal can’t be well protected, a large number of abnormal withdrawal, the withdraw lawsuit by mediation and so on. The purpose of my article is to discover the shortcomings of the administrative withdrawal of the suit and find out the consummate measures. There are three chapters in my article. Chapter one:A general introduction of the administrative withdrawal system by outlines the concept, nature and classification. Chapter two:At the first, outline the legal rules that are different from the withdrawal suit in civil action; and then, definitely the significance of<The stipulation on the administrative withdrawal of the suit by the Supreme People’s Court>; at last, outline the problems both in the legal regime and in the practice. Chapter three:Suggestion for the current domestic administrative withdrawing system. At first, make the suggestions on protecting the suit rights of the litigants by learning from other countries; and then, points out the inevitability of building the administrative litigation mediation both in the legal theory and judicial practice, and makes the tentative plan of establish the system of withdraw lawsuit by mediation; at last, build our own Cognizant agency on withdrawal of the review compared with the administrative court system.

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