Dissertation > Excellent graduate degree dissertation topics show

Judicial review of administrative decisions Issues

Author: DongBaoCheng
Tutor: HanChunZuo
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative rulings Judicial Review Referee species
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 137
Quote: 0
Read: Download Dissertation

Abstract


As China's urbanization process of rapid development, demolition, construction seems to be a hot topic around . Violent demolitions event is also repeatedly hit the newspapers , sad and regrettable. In fact , as a way to remedy such disputes , China provides administrative ruling system . For administrative adjudication , the right to judicial supervision of the court , that judicial review of the award . This paper cases through the courts for judicial review of administrative decisions , and then make the appropriate research issues related to the referee , from an empirical point of view to show the reader the status of administrative judges , and trying to analyze the phenomenon of the underlying causes behind it . This article includes the following components . Introductory section introduces the concept of administrative adjudication ; judicial review of administrative decisions historical evolution ; situation of administrative adjudication of cases and judicial review of administrative decisions significance . Through the introduction of the argument below, lay the foundation . The first chapter , judicial review of administrative rulings cases Theory and Evidence . Mainly from the following two aspects to be addressed : one from the right to judicial review of administrative decisions cases the historical origins , theoretical foundation aspects, enumerate the relevant theoretical basis , including the separation of powers theory and comprehensive protection of rights theory, the theory of constitution jurisdiction protection of human rights theory, the ultimate relief jurisdiction theory ; hand describes the relevant legal basis for judicial review . Chapter II , to be living through the nearly 200 cases of research and analysis , summarized the people's court to decide cases on administrative judicial review of the master criterion has seven main areas: one , whether it belongs to the people's court case range ; two , the administrative body is entitled to judgment ; Third, administrative rulings facts are clear ; Fourth, the administrative adjudication process is legitimate ; Fifth, administrative rulings applicable law is correct, and further from the application of law , conflict of laws , and several different levels of induction considerations path : a ) in the application of law is a direct violation of the law ; two ) , whether or confuse the use of administrative and civil law limits ; cross-use laws and regulations of different properties , resulting in incorrect results ; three ) , using the same attribute legal norms , consider whether the lower level law conflicts with the host law ; four ) , the applicable law is clear ; six , in such cases , whether the defendant to comply with the administrative Procedure Law and relevant judicial interpretations of procedural rules , but also summed up two kinds of situations: a ) whether the defendant fulfilled the administrative Procedure Law and relevant judicial interpretations of proof obligations , compliance with the Supreme Court \; seven , administrative ruling body in the exercise of discretion is vested is appropriate. Chapter by chapter case studies , the main display of the people's court ruling against the administration of justice administration species and trying From a practical point of view in-depth analysis of its causes , the value and the impact on today's society . This chapter includes: one , through the maintenance of large-scale application of this phenomenon departure judgment , through the analysis found the following reasons: a ) , specific historical background dictates ; two ) , which corresponds to the legislative intent of the Administrative Procedure Law requires ; three ) , based on quasi-judicial adjudication of administrative procedures and mechanisms for fact-finding portion of the trust ; four ) , the limits of judicial review is necessary , can not go beyond ; five ) , judicial power can not override the executive power ; six ) , highly specialized administrative adjudication cases , such as trademarks , patents and other cases , the courts are more likely to comply with the specialized agencies of the award. Second, through the classification of the case studies , summarized dismissed the lawsuit judgment , dismissed the prosecution ruled that different application scenarios . Third, from the perspective of theory and practice \Four , combined with relevant data that \The fourth chapter focuses primarily on the right to judicial review of administrative decisions cases improve the system 's recommendations: First, to strengthen judicial independence and authority ; Second, accelerate the \mechanisms , at the technical level to meet the needs of fair trial ; fourth is proposed administrative ruling \fully discussed practical aspects of \Finally is the conclusion , summary text .

Related Dissertations

  1. The Study on Judicial Review on Administrative,D922.1
  2. On the uncertain legal concept of judicial review,D912.1
  3. On the administrative ruling system,D922.1
  4. On judicial review of administrative discretion,D922.1
  5. On the Standard for Judicial Review of Adinistrative Discretion,D922.1
  6. On the Administrative Supervision of Administrative Discretionary Power of Our Country,D922.1
  7. Study of Chinese Discretion Not to Prosecute,D925.2
  8. Withdrawing Public Prosecution of,D925.2
  9. Judicial Activism And/or Judicial Restraint ——A Research on Lochner V. New York,DD916
  10. On Public Law Control of Villager Autonomy,D921.8
  11. A Study on the Constitutional Protection of the Right to Life,D921
  12. Research on the Settlement of Consumers’ Dispute,D923.8
  13. Judicial Review of Administrative Discretion Study,D925.3
  14. Study of the Administrative ADR (Alternative Dispute Resolution) in China,D922.1
  15. On Deficiencies and Improvement of the Restriction Mechanism of Non-prosecution in Our Country,D925.2
  16. Right of the suspect knows,D925.2
  17. Criminal Search System Improvement,D925.2
  18. Judicial Review， Constitutionality Review, or Others,DD916
  19. Autonomy of public universities on the legal analysis of the internal structure,G647
  20. South Korean constitutional complaint resolution system theory and practice,D931.26
  21. Research on the Judicial Relief of Administration Adjudication,D922.1

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
© 2012 www.DissertationTopic.Net  Mobile