Dissertation > Excellent graduate degree dissertation topics show

The Concept Research on "Violation of Legal Procedure"

Author: LiPanFeng
Tutor: ZhuMang
School: Shanghai Jiaotong University
Course: Legal
Keywords: violation of legal procedure court decision concept research
CLC: D925.3
Type: Master's thesis
Year: 2008
Downloads: 73
Quote: 0
Read: Download Dissertation

Abstract


The second provision’s third order of Article 54 in Administrative Procedure Law of the People’s Republic China regulates thant, if a specific administrative act has violaed the legal procedure, a people’s court shall annull it. However, as for how to define“violation of legal procedure”of specific administrative actions and how many types it includes, relevant law don’t make further explanation, the administrative law circle has not reached consensus either. So, it’s very valuable to accurately analysis the intension and extension of“violation of statutory procedure”, for both our country’s judicial practice and administrative legal theoretical research.This thesis firstly summarized the theoretical view on“violation of legal procedure”, then mainly analyzed the judges’decision of“violation of legal procedure”in connection cases, and finally compared and analyzed the differences between judges’and scholars’recognition of“violation of legal procedure”, with the hope to have more accurate undestangding on this legal concept.Through research, the author found that: (1) The court defined the content of“violation of legal procedure”can be summarized the conversion of the five areas as method illegality, omission of step, order illegality, time illegality and due process principle violation. (2)“violation of legal procedure”is very complex in trial practice, there are many case in which one specific administrative act violaed multiple legal procedure. (3) Not only laws, rules and regulations, but also the principle of due procedure are all sources of“violation of legal procedure”in court cases. (4) In addion, during the case collection the author finds out that, as one of the criteria, the“violation of legal procedure”does not play a deserved role to some extent.

Related Dissertations

  1. The concept of private education research,G522.7
  2. The Distribution of Burden of Proof,D925.1
  3. Civil Execution Relief System Comparison and Research,D925.1
  4. Thinking of the world legal history,D909.2
  5. Research on Economic Concept of Xinwen Bao,G219.29-F
  6. Investigation Research on the Conception of Learning of Normal University Students under the Background of the New Curriculum Reform,G652.4
  7. The System of Judge’s Interpretation after the Court Decision,D926.2
  8. The Study of Teaching and Studying about Momentum Related Knowledge in High-school,G633.7
  9. Civilian implementation of the relief system,D915.2
  10. The implementation of relief institutionalism,D925.1
  11. Campus Sports Culture Pattern Reconstruction,G807.4
  12. Implication and Mode Choice of Court Decision Inference,D925.2
  13. Research on the Idea of Higher Educational Evaluation,G640
  14. Environmental Public Interest Litigation Plaintiff Qualification,D925.1
  15. Lawyers in the investigation stage of the procedural rights and safeguards,D925.2
  16. Research on the System of Administrative Appeal,D925.3
  17. On the Establishment of Right to Remain Silent,D925.2
  18. On the participation of civil execution distribution system,D925.1
  19. Entrapment and Legal Regulation,D925.2
  20. On the Objection to Jurisdiction of Civil Litigation,D925.1
  21. On the Status and Improvement of Our Country’s Public Sector and Procuratorial Organ,D925.2

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