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Judicial review of administrative reconsideration cases

Author: ZhouZuo
Tutor: WuPing
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative reconsideration Judicial review Defendant For review by Review the extent Reconsideration decision, the legal effect
CLC: D925.3
Type: Master's thesis
Year: 2008
Downloads: 94
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Abstract

The object of this study is through judicial review of administrative reconsideration cases. The relationship between the executive and judicial power in the judicial review to highlight: it is the basis of judicial review, judicial review of the boundaries of reason. More general refused to accept the administrative reconsideration decision of the administrative litigation directly without administrative reconsideration, administrative litigation cases has its own specialty, but not completely out of the characteristics of the general administrative litigation. From the general theory of the administrative proceedings the accused system, this paper analysis of the defendant to determine the rules of the drawbacks of the current litigation in cases of administrative reconsideration, the oversight function of the executive power with the judicial power is proposed refuses to accept the administrative reconsideration decision, bring an administrative lawsuit cases shall be the Chief reconsideration organ for the defendant; administrative proceedings, the administrative reconsideration organ for the defendant a more general level of judicial review of administrative litigation cases are different, showing respect for the judicial power, executive power to a certain extent; the ultimate goal of judicial review to administrative the effectiveness of the reconsideration decision, judge, but the effectiveness of the review process before the court hearing, the administrative reconsideration decision can not be change because of its legal nature and should be achieved. Clearly set out these arguments, the article specific planning is as follows: the first chapter, the administrative review and judicial review takes said. This chapter is the prerequisite and basis of this article all the exposition of the theory. The full text of direct theoretical basis for administrative reconsideration nature of the relationship of administrative reconsideration and judicial review. The article affirms the administrative acts of administrative reconsideration, open the door of the executive and judicial relations; Specifically, the administrative reconsideration and administrative litigation, the relationship between performance for the supervision and respect of the judicial power of the right to administrative reconsideration. The second chapter, administrative reconsideration or administrative litigation cases participants. This chapter is the full text of the premise to build a main system. Article advocating for administrative reconsideration cases were all the administrative reconsideration organ for the defendant, based on the practices exposed the ills; nature of the administrative reconsideration organ for reconsideration as a defendant, for such a system design is determined by the nature of the administrative reconsideration, in line with the \Who defendant \At the same time, ascertaining the facts of the case to resolve disputes, the court held that the notification of the original specific administrative act of the executive authorities assisted the administrative reconsideration organ involved in litigation, if necessary, is assisted to participate in the proposed system. The reason why we at great length, take the trouble of such cases the Administrative Defendant argues that because we believe: the never-depth, it is difficult out; and it is the premise and foundation of the later. Therefore, this part of the dwell a lot. The third chapter, the object of judicial review of administrative reconsideration cases and extent of This chapter is a previously naturally leads to an important problem. This paper analyzes the necessity and limits of the judicial administrative reconsideration decision, the effectiveness of the identified. Implementation of the constraints on executive power as the judicial power of institutional arrangements, administrative proceedings is essentially judging the effectiveness of administrative action activities. Administrative reconsideration decision, their essence is also the administrative act, it having made certain legal effect. Under normal circumstances, the judiciary the final decision \Of Justice can intervene in the end to what extent, the effectiveness of the findings on the facts of the case the court reconsideration organ stack up? This chapter explained from two angles of the review of the object and review of the strength. Chapter IV, the administrative reconsideration decision, the effectiveness of judicial review. This chapter is the article continues in-depth findings of the study. Point of view inspired by the \Administrative proceedings is essentially based on the application of administrative counterpart, the Court in accordance with statutory procedures and standards for administrative action the effectiveness of the implementation of the re-evaluation process. When the administrative acts of administrative proceedings, on the one hand, because the court is under the direct command and control of the administrative proceedings, and thus with the administrative jurisdiction of the full display as well as judicial review, the effectiveness of the administrative action will change accordingly changes; the other hand, the formal decision of the administrative acts of the executive on behalf of the State, its effectiveness should be subject to the most basic understanding and respect. Therefore, combining the effectiveness of decision of administrative reconsideration and administrative litigation research, which is very meaningful to examine the specific administrative validity of an act by the actual impact in the process of judicial review. Therefore, after the administrative stage of the proceedings as a clue to discuss the fulfillment of the prosecution and an administrative reconsideration decision, accepted the changes to the administrative reconsideration decision, judgment and decision of administrative reconsideration the legal effect of the three questions. I hope this study issues related to the theoretical study and practical operation of inspiration and useful.

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