Dissertation > Excellent graduate degree dissertation topics show

Study on the Litigant Relief of Administrative Omission

Author: ChenXiaoYang
Tutor: DengJianHong
School: Hunan Normal University
Course: Constitutional and Administrative Law
Keywords: Administrative omission Litigation relief State Compensation
CLC: D925.3
Type: Master's thesis
Year: 2009
Downloads: 293
Quote: 1
Read: Download Dissertation

Abstract


The administrative omission litigation system is a hot issue in the administrative law theorists . With China's strategy of implementing the rule of law , the people 's legal awareness is enhanced , the chief subject of administration according to law put forward higher requirements , the Chief of the People's Court accepted not as a large number of cases also increased . China 's administrative law scholars in depth study of administrative omission is not enough the related litigation relief system expressed in general terms , the lack of maneuverability , causing chaos judicial practice operations . Therefore , we need to explore some . Executive as litigation system as the research object , with reference to the world as other countries are relatively mature administrative litigation system , combined with our trial actual administrative omission and its litigation relief system to explore . The administrative omission refers to the administrative subject bears some as a legal obligation , as the possibility of , while doing what procedures overdue behavior. The paper studies the administration is not as constituent elements and external regulations . Subsequently , in accordance with different standards , the administration is not as divided into different types , and analysis of the value of administrative omissions v. . Chief of the common law system in the United Kingdom, the United States and the civil law in Japan, Germany, Austria and other countries is not as litigation relief system simple , based on a critical analysis of Common law and civil law countries due to differences in their judicial system , and therefore the administrative litigation system distinctive. My administration is not as litigation in relief scope limitation period , the burden of proof , the verdict and compensation has many flaws , and that the reasons for these shortcomings : First, the jurisdiction of intersecting reasons , the consciousness of responsibility of civil servants , three The laws and regulations do not dumplings ? lack of trial evidence , adjudicated by a single , four- lax supervision . Our administration is not as litigation relief perfect relief range from expanding , and improving the administration is not as the prosecution of the litigation period should provide that the burden of proof , judgment type , compensation and other aspects . China should improve legislation and law enforcement to resolve administrative issues as litigation relief system , to effectively protect the legitimate rights and interests of the administrative relative person .

Related Dissertations

  1. Public Facilities cause damage liability of the State,D922.11
  2. Research on Environmental Administrative Omission,X321
  3. The Research on National Compensation Responsibility to Damage by Wild Animals,D922.68
  4. The company resolutions flaws Legal Issues,D922.291.91
  5. The Infringement Problems of Abstract Administrative Acts,D922.1
  6. Revision about the Modification of the State Compensation Law,D922.11
  7. The Comparative Study on State Compensation System between China and Japan,D931.3
  8. Research on National Compensation System for Criminal Victim,D925.2
  9. A Study on Judicatory Indemnity,D922.11
  10. Administrative Omission judicial relief,D912.1
  11. WEI Qing household who refuses to move and bargains for unreasonably high,D922.11
  12. Classified Study on Burden of Proof of Administrative Litigation,D925.33
  13. Study on the Essentiality of Bringing the Damage Caused by the Public Facilities into the Scope of State Compensation,D922.11
  14. On of Criminal Victims Compensation System,D922.11
  15. A Study on Beforehand Conductive Procedure in Administrative Indemnity,D922.11
  16. The Relief System of Defects in the Resolution of the Shareholders’ Meeting,D922.291.91
  17. The Thoughts of Founding Criminal Victims Compensation System,D925.2
  18. The Protection of Victims in Criminal Proceedings,D925.2
  19. The Non Prosecution debate and improvement,D925.2
  20. Under the International Angle of View the Criminal Victim Country Relief Pattern to Our Country’s Significance to Establish the Criminal Victim’s Country Compensatory Regime,D925.2

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
© 2012 www.DissertationTopic.Net  Mobile