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Construction and Research of Administrative Public Interest Litigation in China

Author: XuXiao
Tutor: YangXinYu
School: Fudan University
Course: Legal
Keywords: Administrative Public Interest Litigation Public interest Program builds
CLC: D925.3
Type: Master's thesis
Year: 2009
Downloads: 90
Quote: 0
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Abstract


Administrative public interest litigation system is the foreign universal and academia in China has been widely explored . The study of this problem helps the in-depth development of China 's democracy and legal system building and judicial reform , an important theoretical and practical significance . In our current administrative litigation system within the framework of the provisions of the Administrative Public Interest Litigation . Traditional procedural law theory to face the reality of new litigation practice powerless , the need for China 's administrative litigation theory -depth study to explore a administrative public interest litigation the road suited to China's national conditions . Absorb foreign advanced theories of administrative public interest litigation and procedures the proposed administrative public interest litigation program design is the main purpose of this writing . In this paper, a total of four chapters . The first chapter of the basic system of administrative public interest litigation research, of Administrative Public Interest Litigation System Overview and Administrative Public Interest Litigation in the public interest theory . Obstacle to the development of China 's Administrative Public Interest Litigation second chapter from the ideas , the judicial system , legal resources , discussion, are discussed from two aspects of the necessity and feasibility of the establishment of Administrative Public Interest Litigation . The third chapter is summarized the plaintiff the main administrative public interest litigation , the scope of the case were discussed . Chapter focuses on building a number of recommendations put forward their own administrative public interest litigation procedures , mainly related to the start of the proceedings , the jurisdiction and the review of the case , admissibility , the burden of proof in the case to mediation for withdrawal of the relevant provisions , as well as the types of sentences the type of the execution .

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