Dissertation > Excellent graduate degree dissertation topics show

The Determination of the Scope of Administrative Litigation in China

Author: YuGuangYuan
Tutor: PengGuiCai
School: Jilin University
Course: Legal
Keywords: Scope of Accepting Cases Copywriting Set standards Reconstruction
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 436
Quote: 0
Read: Download Dissertation

Abstract

Scope of administrative litigation People's Court accepted the trial within a certain range of administrative cases permission, that is, the administrative relative person can claim the right to appeal to a range of people's court is the people's courts to protect the rights and interests administrative relative scope of the administrative body and administrative the scope of the right to judicial review of unity. Administrative Procedure Law as one of China's three major procedural law of the socialist legal system is an important component. Since October 1, 1990 came into force, according to the problems found in trial practice, and in order to better respond to changes in the process of social development of the new situation, the Supreme Court has promulgated a series of judicial interpretations, regulations, opinions, etc. These legal and administrative proceedings ancillary provisions for the protection of citizens, legal persons and other organizations of the legitimate rights and interests, and promote administrative organs according to law, played a huge role. But it also exposed many controversial issues, including on the narrow scope of administrative litigation disputes more prominent. Overall, the expansion and reconstruction of the scope of administrative litigation is the inevitable trend of development. The authors study analyzes the scope of administrative litigation wording of ways to determine the standards and problems, focusing on the reconstruction of the scope of administrative litigation put forward a clear vision and specific recommendations. This paper is divided into four parts: The first part of the study of the scope of administrative litigation meaning, significance and uncertainties. Scope of administrative litigation administrative proceedings and borrowing from foreign legislative useful experience, combined with China's reality, by the specific provisions of the Administrative Procedure Law. Scope of the case not only provides for the admissibility of the courts of the scope of administrative cases, but also to the citizens, legal persons or other organizations in their legal rights have been violated after the administrative act to remedy the range, so very important significance. The scope of administrative litigation to determine the constraints by two factors, one of the constraints of administrative litigation purposes, two constraints of the actual situation in our country. The second part analyzes the scope of administrative litigation drafting methods and scope of administrative litigation copywriting problems. The scope of administrative litigation is generally divided into the sum formula reads, citing type and mixed type three. Scope of administrative litigation textual way of the main problems: First, the enumeration and generalization of convergence photogenic contradiction; Second, the expression itself causes cited omissions, confusion; Third enumerated seven chaotic behavior standards. The third part analyzes the administrative litigation to determine the scope of the standard and to determine the scope of administrative litigation standard problems. Administrative litigation to determine the scope there are two standards, one standard of conduct administrative action into specific administrative act and abstract administrative act, the provisions of the Administrative Procedure Law, the people's court will only accept a specific administrative act because of disputes; Second interests standard, that personal rights, property rights standards, China People's Court accepted the case most of the limitations of the administrative relative person in violation of personal rights, property rights due to administrative disputes. Scope of Administrative Litigation of the main problems identified criteria: First, the standard will be limited by the scope of the case, \country contrary to the legislative intent of the Administrative Procedure Law, and the legislative intent of the Administrative Review Law is also inconsistent. The fourth part focuses on the reconstruction of the scope of administrative litigation put forward a clear vision and specific recommendations. In drafting the scope of administrative litigation reconstruct the way, first, in order to achieve the purpose of administrative proceedings, scientific and reasonable to define the scope of administrative proceedings by the case, to avoid the phenomenon of exhaustive, summary-style wording should be taken to clear the court shall accept the administrative disputes; Secondly, our special political system based on the specific administrative act, the court should not be admissible, the exclusion can be taken enumerated provisions. In the scope of administrative litigation on the reconstruction of legislative standards, one should put binary Administrative Litigation legislative purpose or substantially revised for the sole purpose of the purpose of protection of citizens, legal persons and other organizations of the legitimate rights and interests. The second is about the personal rights and property rights to cancel the restrictions so that all violations of the legitimate rights and interests of relative administrative acts were included in the scope of administrative litigation. The scope of administrative litigation adjust specific recommendations: First, the Abstract Administrative Action into the scope of administrative litigation. A detailed analysis of the Abstract Administrative Action into the scope of administrative litigation necessity, feasibility and should pay attention to. Second, the internal administrative acts in administrative proceedings include the scope of legal acts. Detailed analysis of the internal characteristics and classification of administrative acts and administrative acts of the internal legal acts into the scope of administrative litigation reasons. Three quasi-administrative acts suability. Detailed analysis of the quasi-administrative acts of the manifestations, belongs to a range of standard case of factor analysis, quasi-administrative acts suability proved in our country and our country should be included in the scope of quasi-litigation administrative act. Through this discussion, we can draw the following conclusions: My narrow scope of administrative litigation, continue to promote the rule of law and the current process of citizens, legal persons and other organizations to safeguard their legitimate rights and interests become increasingly unsuited to the urgent needs in the future. \Administrative Procedure Law \, quasi-administrative acts are included in the scope of administrative litigation, administrative litigation case acceptance space to expand, to give citizens, legal persons and other organizations, such as people with relatively adequate administrative and judicial remedies, the real protection of citizens, legal persons and other organizations of the legitimate interests of administrative proceedings legislative intent.

Related Dissertations

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