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Change the Specific Adminisirative Act the Defendant Sued Research

Author: LuDongMei
Tutor: ZhangXianWei
School: Guangxi University for Nationalities
Course: Procedural Law
Keywords: sued the defendant to change the specific administrative act nature Legislative defects perfect proposal
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 6
Quote: 0
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Abstract


In administrative proceedings, the defendant sued to change the specific administrative act is very common. Sued the defendant to change the specific administrative act, is both the advantages and disadvantages. That they have sued as soon as possible to rectify the specific administrative act unlawful or unreasonable condition, maintaining the legitimate rights and interests of administrative efficiency relative. But, if the system setting is not scientific, it’ll corrupt in practice, the legal relations existing in violation of the principle of trust protection and other negative consequences. Therefore, the correct understanding of the specific administrative act sued the defendant to change the system theory, sued the defendant to change the specific administrative act sound scientific and practical system is of great significance.Schools sued the defendant to change the theory of specific administrative act at an early stage, for the concept has not reached a consensus. In my opinion, to correctly deal with the defendant sued to change the specific administrative act, it must be the definition of the concept of science. Therefore, I refer to scholars at the point of view, based on the respondent try to change the specific administrative acts of the defendant the concept, characteristics, nature study and put forward their views.Meanwhile, although the continuous improvement in our law the specific administrative act of the defendant the system design. But a closer inspection, we found that there are imperfections, to the judicial practice to bring a series of embarrassment. I changed from the analysis of the current defendants sued on the specific administrative act of the relevant legislation defects, combining research and theories related to the defendant to change legislation on the sound system of specific administrative acts of the defendant to make some recommendations.

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