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Construction and Analysis of Administrative Litigation from standard

Author: XueJie
Tutor: MaHuaiDe
School: China University of Political Science
Course: Legal
Keywords: Administrative proceedings Plaintiff Qualification Elements of structure
CLC: D925.3
Type: Master's thesis
Year: 2005
Downloads: 345
Quote: 6
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Abstract


Administrative Litigation from theory and practice has always been extremely complex , difficult to determine the problem , but as the foundation of the whole process of the administrative proceedings , it is an urgent need for clear and solve problems . The general standard of the Administrative Litigation from the existing rules as a starting point , combined with the rules and practices of other countries and regions , summarized the plaintiff qualifications and a more detailed analysis , and finally its perfect general development direction and way. The first part , the Administrative Litigation from the basic theory . This section is a brief analysis of the plaintiff qualified concept , nature , functions and constraints . The second part , a comparative analysis of the regulations of other countries and regions on the qualifications of the plaintiff . First, the evolution of the relevant regulations and standards are analyzed on behalf of the state of the common law and civil law , as well as China's Taiwan region , followed by a brief summary of the overall trends in the countries (regions) . The third part , the development and status of the theory of plaintiff qualification . This part of the country on the development of the standards of the Administrative Litigation from narrow to wide divided into three stages , and set forth the eligibility requirements at this stage the plaintiff defects and adverse impact on the judicial practice . The fourth part , the elements of the structure of the Administrative Litigation from standard building . Summarizes the relevant provisions of the Administrative Procedure Law and the judicial interpretation of the Supreme Court rule on the plaintiff qualification , and then summed up the elements of plaintiff qualification standards , each of the elements of a specific analysis , and choose a controversial point \The fifth part , perfect idea of the eligibility criteria of the plaintiff . From both substantive and procedural , put forward the idea of the perfect plaintiff eligibility criteria , and in particular the special public interest litigation in the administrative proceedings , the plaintiff eligible to contribute Administrative Litigation from the theory and judicial practice .

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