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Study on the path of litigation against administrative decisions

Author: XiaHongYan
Tutor: YangXinYu
School: Fudan University
Course: Legal
Keywords: Administrative roling Administrative litigation Justice system changes
CLC: D925.3
Type: Master's thesis
Year: 2008
Downloads: 130
Quote: 2
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Abstract


The concept of administrative decisions are "in the broadest sense, said," and "broad sense" and "narrow sense", this paper, said in a narrow sense as the basis for the decision of the executive to determine the scope and classification. Administrative decisions can be divided into confirmed and deal with the executive-decision, the two types of administrative review of the court ruling in the encounter, their approach is different. Abroad, mainly in the administrative system of ruling the United States, "the power to appoint the civil justice system", the British administrative court system, Japan’s party system in action. As the executive acts to face the court ruling to review, the existence of the "three-dimensional action", which led to the ruling executive does not like civil cases, administrative cases have not.Chief Justice ruled against the way of relief, in theory, and China’s judicial practice, civil, administrative proceedings and administration of three civil side, some scholars also suggested that the Japanese parties on the litigation systems approach. Through civil manner, can effectively solve civil disputes between the parties, but to circumvent the effect of acts of administrative decisions exist, can not be achieved, "the rules of governance"; as a way to deal with administrative proceedings, the court can issue an administrative ruling to judge the effectiveness of the , Supervision of administrative power to achieve the purpose of the legislation, but it can not solve civil disputes between the parties, resulting in "a line of people can not", not "to resolve the dispute" purposes; civil administrative side, since you " Main proceedings "(administrative proceedings) with the" action "(civil) law is not based on the same facts, and the court should apply to different rules of litigation cases, litigation, to complicate the process, nor is it an effective solution Approach. Japan party litigation system is a unique system of litigation, the suitability of China’s institutional environment to be further proof of the theory and practice, and parties legal system applicable to the main case in civil proceedings, the executive only as a third party to participate in the location Litigation can not play an effective judicial supervision.Four ways to deal with this through the detailed analysis of this article pointed out that the only way to deal with the four "rules of governance" and "settlement of disputes" between the achievement of a purpose to achieve not only the rules of governance disputes and achieve the complete To solve. In this paper, but given the court’s ruling on the Chief Justice of the right to change the system envisaged, in conjunction with "major, obvious flaws," the theory of administrative acts, an effective solution to the administrative decision of the litigation path uncertainties.

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