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Discussion Regarding the Defect of Enforcemene System in Relation to Administrative Lawsuit

Author: HuangNiNi
Tutor: XiangZhongCheng
School: Guangxi University for Nationalities
Course: Procedural Law
Keywords: the implementation of administrative litigation system’s defect measures to improve
CLC: D925.3
Type: Master's thesis
Year: 2010
Downloads: 119
Quote: 0
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Abstract


The implementation of administrative litigation, as the last link, plays a decisive role in establishing the court’s authority of administrative judgment and in the realization of rights and obligations of the parties. The defects in judicial system, legal provision, implementation agencies and supervision systems result in an ineffective phenomenon of implementation of administrative litigation and it is especially more difficult when the administrative organs lose in lawsuit. At present, the research on the implementation of administrative litigation in the academic field is not enough and there are many disagreements in the defects of the implementation systems and specific advice for improvement. With the purpose and value of the system of implementation of administrative litigation as a theoretical guidance, the paper analyses deeply the problems in the system of implementation of administrative litigation and the reasons and after drawing on the advanced experience of other countries and regions points out that systems of implementation of administrative litigation, implementation measures and regulations on enforcement body of implementation should be firstly improved. Then the administrative organs of the court and the external supervision mechanisms should be improved. The most fundamental way for improvement is to set up an independent administrative court thus building a more effective system of implementation of administrative litigation in administrative litigation laws in China.

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