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Research to the Third Party System of Administrative Review

Author: LiMeiLian
Tutor: TangZhongMin
School: Southwest University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative reconsideration Third Party System Disputes Defect Perfect
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 55
Quote: 0
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Abstract


Administrative reconsideration as relief relative to the rights of a channel, is a modern country under the rule of law to resolve administrative disputes, effectively protect the relative rights and interests, so as to promote the the administrative organs administration important system. In recent years, the lack of administrative reconsideration imperfections gradually attracted the attention of academia and substantive departments, a series of research results have mushroomed sprang, however, the third person of the administrative reconsideration system as an important part of the system of administrative review has been relatively ignored or performance, so far, a third party system for administrative reconsideration has not yet established its own theoretical system, some major theoretical problems in a constant state of strife, such as ill-defined specification property qualifications elements not allowed to grasp main range covers not enough, lax standards, such as by type. Fully behind on theoretical research led to the design of the program built up on the basis of multi-unreasonable and lack of judicial practice suffered Qualitative difficult predicament in the offing, it is in this sense, we proposed perfect third party system for administrative reconsideration of specific ideas. Relevant theoretical research and practical work in this paper for administrative reconsideration, is divided into four sections discussed. The Administrative Reconsideration third party system. The first part, Preface. The background and significance of the topic of this article, the current situation of the domestic and international research, research methods and basic analytical framework beforehand, and were probably introduced; second part of value orientation, followed by the establishment of the administrative reconsideration third party system, and the resulting theoretical disputes, including specification attributes, qualifications elements, the main scope and type of divided four aspects; Part III of the AL \from the practice problem, which is the judicial practice court for reconsideration organs omission of a third party acts how qualitative issues; fourth part, put forward specific ideas to improve our administrative reconsideration third party system, including the design of scientific procedure legislation different for different types of third party administrative remedies available, as well as judicial oversight and protection; last part is the conclusion I came out with the conclusion of this article, the focus of this article does not address the two issues simple set is intended to enable readers to a third party system, there is a more comprehensive and profound understanding.

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