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The Resonale Position of Reconsiliation in Administrative Litigation

Author: FengZuo
Tutor: GuoYanJun
School: Shanghai Jiaotong University
Course: Legal
Keywords: reconciliation in Administrative Litigation reasonable Orientation principle of Rule of Law
CLC: D925.3
Type: Master's thesis
Year: 2010
Downloads: 178
Quote: 2
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Abstract


Reconciliation in administrative litigation emerges in current legal practice, and in order to regulate this kind of phenomenon, the Supreme Court and some local higher court released some rules to regulate it. However the dispute on the reconciliation in administrative litigation has not subsided. In current situation, reconciliation in administrative litigation has enlarged the scope of the object and tendency, which mainly due to the lack of laws and the misunderstanding of harmonious justice, may have some negative consequences, such as violate the laws, against public interest, damage the principle the rule of law and to avoid judicial review. This requires reconciliation in administrative litigation in theory get to the root, and rebuild from system. Reconciliation in administrative litigation should follow the principle of substantive justice and procedural principle of justice, eliminate unlimited. In view of the public welfare administrative proceedings, from the legislative point of view, China needs to improve and administrative proceedings related to the relevant laws, judicial interpretations, from the judicial point of view need to strengthen the judicial review of administrative action, and strengthen the administrative proceedings in cases of withdrawal review, against the public interest and avoid a third interest, to avoid circumvention of the law litigants to evade judicial review, to maintain the principles of administrative law.

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