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On the administrative reconsideration against the adverse change principles

Author: ChuRuiYing
Tutor: MaHuaiDe
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative reconsideration Prohibit adverse changes Principle
CLC: D922.1
Type: Master's thesis
Year: 2009
Downloads: 124
Quote: 1
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Abstract

Reconsideration Regulations come into operation on August 1, 2007 (hereinafter referred to as the \But this principle in practice, the scope and specific rules, the implementing regulations 51 does not give a clear answer. The purpose of this study is to prohibit adverse changes to the principles of procedural law on the theoretical analysis and empirical analysis of the principles of the applicable administrative review procedure for foreign and Taiwan, China, to explore the scope of administrative reconsideration against the adverse change principles and specific rules. But If only this principle in the mechanical application of its legitimacy, not inference, then, this principle of the administrative reconsideration system, the negative impact may be huge. Therefore, before exploring the administrative reconsideration against adverse changes to the scope of application of the principle and rules through the Looking prohibit the origin and basis of the principle of adverse change, explore the principle of the introduction of the legitimacy of the administrative reconsideration system. Papers in addition to the introduction and conclusion, is divided into three parts. The first part discusses the prohibition of the principle of adverse change in the criminal appeal system established and applicable in other areas. This part of the start of appeal common principles \equilibrium theory. \Prohibit adverse changes to the principles of its unique charm to protect citizens' rights in other areas of litigation quickly to expand, but in different areas, its theoretical foundation is not the same: the civil appeals system is based on the disposition principle, and the administrative system of prosecution is based on the essence of the right of judicial change in the administrative proceedings. Principle against adverse change in the wide applicability of the litigation, but also aroused widespread controversy on the field of administrative reconsideration whether the introduction of the principle of domestic and foreign academic circles, resulting in the negative said, sure and compromise, said three perspectives, the focus of controversy on is the administrative reconsideration administrative internal control systems or the right to judicial relief system. The second part discusses the administrative reconsideration to the introduction of the ban adversely change the principle of legitimacy. Due to the different positioning of the nature of the administrative reconsideration, the decision to ban the unfavorable change the principle of whether the introduction of the administrative review procedure, therefore, this part of the start of the nature of the administrative reconsideration started to discuss the introduction of the legitimacy of. I combed the provisions of the Administrative Review Law, the theory of community disputes and the administrative reconsideration nature of the changes in practice, discussed the nature of the administrative reconsideration from the initial focus on internal oversight of the administrative, has evolved into a judicial rights-relief or quasi-judicial. At this point, the prohibition of the principle of adverse change to the introduction of review procedures, the obstacles no longer exist in the nature of administrative reconsideration. Then, from the administrative reconsideration to the introduction of the prohibition of adverse changes to the principles of Theoretical Origins, as well as the principle does not exist in substantial conflict with the other basic principle of the Administrative Review Law, the two discussed the introduction of the principle of legitimacy in the field of administrative reconsideration. The third part discusses the prohibition of adverse changes to the application of the principle of administrative reconsideration. I believe that the specific meaning in the discussion of specific applicable rules should be the first to \Prohibited in the draw litigation on the basis of concrete experience adverse changes maturity provisions, as well as abroad and in Taiwan, China administrative review procedures applicable to the principles of our applicable rules, and discuss the principles in ordered to redo the decision \Finally, that any principle can not be absolute, the original administrative organ for the case of an error of law and administration of emergency principle reason to exclude the application of the principle of prohibition of adverse change, conditions and compensation schemes are discussed. The conclusion part of future amendments to the Administrative Review Law on the principle of superficial recommendations.

On the administrative reconsideration against the adverse change principles

Abstract

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