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The Analysis of JiangShan Suiting Against of Administrative Omission of Shenzhen Land and Housing Bureau

Author: ChenHaiTao
Tutor: MaMingXian
School: Lanzhou University
Course: Legal
Keywords: Administrative subjects Administrative omission Judicial determination Statutory duties
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 20
Quote: 0
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Abstract


Chinese Administrative Litigation practice 20 years , the \the core content of the service-oriented government , which requires the government should actively fulfill their statutory duties in accordance with the law , such as indolent to fulfill its statutory duties , are violations of administrative omission . The administration is not as the focus of the case is usually focused on the administrative omission identified in a judicial proceeding in its standard . Selected administrative case as the representative of the Shenzhen Municipal Bureau of Land Resources and Housing Authority , the focus of the administration is not identified as a case of judicial analysis . First, we elaborate on the focus of controversy on the three cases cited , not as the case of the three standard , then by analyzing the court finds that the administrative confirm the defendant in this case constituted administrative omission in the administrative law sense . Secondly , as the burden of proof in the case , especially as the distribution of the burden of proof in cases particularity in accordance with the terms of reference of the administrative , executive authorities in administrative procedures applicable for the first time in the administration is not the laws, regulations , and court in the administrative organ specific administrative act the legitimacy of the judicial review process of the similarities and differences of the second applicable law, regulation , etc. , to be analyzed . Finally, this case combined with the skills of a lawyer to handle such cases to make recommendations , and specify when the administrative relative person administrative organs as their own legitimate rights and interests have been violated by what effective legal means to safeguard their legitimate rights and interests .

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