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Study on the Proceeding of Administrative Compensation Litigation

Author: LiuLu
Tutor: TianChengGang
School: East China Normal University
Course: Constitutional and Administrative Law
Keywords: Procedure of administrative compensation litigation limits present situations and deficiencies perfect countermeasure
CLC: D922.11
Type: Master's thesis
Year: 2011
Downloads: 78
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Abstract


"Where there is a tort, there is compensation". Administrative compensation litigation is a judicial way which is generally established in the word to remedy the administrative tort, is also one of the most important parts of the administrative compensation. In the administrative compensation study, scholars are inclined to substantive law analysis, and ignore the consideration for procedure of administrative compensation. While the operation of litigation of administrative compensation is the guarantee of the realization of administrative compensation’s functions and the protection of victim’s lawful right. Therefore, begun with the definition of administrative compensation litigation, the analysis is done by the methods of hermeneutic, history and comparison. Deficiencies of the procedure of administrative compensation litigation are pointed out following the retrospection, investigation and rational analysis. By a throughout study and drawing on the experience of other countries’excellent administrative compensation litigation in this thesis, hope that it can give a clear direction of the development in procedure of administrative compensation litigationThis thesis is divided into three parts, introduction, body and summary, and has over thirty thousand words. In the introduction, background and significance, research method and innovations are described. The main body gives different views in the analyzing of administrative compensation litigation in four chapters respectively. In the first chapter, the meaning of procedure of administrative compensation litigation and its characteristics are summarized. Chapter two analyzes current procedure of administrative compensation litigation (PACL) of our country by retrieving the PACL history. Then the deficiencies of current PACL are pointed out in the view of theory, legislation and practice. Chapter three reviews PACL of other countries, such as USA, England, German, French, Japanese and Korea. By exploring their PACL，disciplines in law, court and types of procedure are investigated. New directions of improving our PACL are proposed in chapter four. The author clarifies that PACL is a special administrative litigation, and suggests that improving in PACL should be guided by the instrumentalist theory. Then programmes in legislation, jurisdictional system and attorney agency system for improving PACL in our country are presented. Summary is given at the final section to conclude this paper and look forward to the bright future.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Administrative decree
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