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Administrative Litigation from the transfer system

Author: QianJia
Tutor: MaHuaiDe
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Plaintiff Qualification Administrative proceedings Standing to sue Other organizations Law System Research Related systems Comparative Study Legitimate rights and interests Legal
CLC: D925.3
Type: Master's thesis
Year: 2005
Downloads: 161
Quote: 2
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Abstract


Administrative Litigation from the transfer system is instituted or continued participation in the administrative proceedings eligible for transfer to the basic system of the specific subject no standing to sue under special conditions prescribed by law. Explicit legal provisions of the Administrative Procedure Law \The clear provisions of the law seems to make the plaintiff eligible for transfer system is not too much room for discussion, but the reality is complex and diverse, both plaintiff qualification transfer system problem, also associated with other system problems , it is necessary to carry out detailed analysis and comparison, and put forward suggestions for improvement to the current system. This article includes introduction, body and conclusion of three parts. The introductory section by a few specific cases, the real problem of Administrative Litigation from the transfer system, and thus leads to the idea of ??the writing of this article. The first part is an overview of the Administrative Litigation from the transfer system. First, to clarify the meaning of the plaintiffs eligible for transfer, then the legislative purpose of the system described in detail, drawn to protect the legitimate rights and interests of the relative loss transfer system of Administrative Litigation from the citizen's death or termination of the legal persons and other organizations The sole purpose. And analyzes the meaning and content of the Administrative Litigation from the transfer system to protect the legitimate rights and interests of the rights of the kind of detailed breakdown. Finally, the practical significance of plaintiff qualification transfer system. The body of the second part of the Administrative Litigation from the Comparative Study of the transfer system. This section includes Discriminating Administrative Litigation from the transfer system concept and comparison with related civil litigation system. The comparative analysis of the three groups of the concept of the plaintiff, the plaintiff attorneys representing plaintiffs, as well as the original plaintiff and inherited plaintiff, and describes the legal proceedings in the civil action play and litigation bear two systems, and Administrative Litigation from transfer system summarized the difference, the relatively narrow scope of application of administrative litigation plaintiff qualification transfer system, applicable to the subject matter is relatively simple. The body of the third part of the improvement of China's administrative litigation plaintiff qualification transfer system. That part first about the rights of foreign eligibility requirements following the subject of the litigation described, and then analyzed the current situation of China's legislative, obtained the current law inherited the plaintiff range and order, civic termination of declaration of death as well as legal persons or other organizations there are inadequacies, and finally put forward to improve the program to the Administrative Litigation Plaintiff Qualification transfer system, from the legislative provisions of the original plaintiff and the plaintiff inherited perfect to meet the needs of the real situation. The concluding section summarizes the purposes of this article, the summary of this article, I hope to further Comparative Study of Administrative Litigation from the transfer system and the agent system and other related systems can be triggered in this article.

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