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Study Of The First Procedure Of Administrative Litigation

Posted on:2002-03-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:W B CaiFull Text:PDF
GTID:1116360032456206Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
This dissertation, as its title Study of Preliminary Procedure in the Administrative Litigation might suggests, concerns chiefly about the problems prior the administrative litigation, including its procedure and entity, theory and practice, putting emphasis on the examination and research of the Chinese, Japanese and Taiwanese related systems. Chapter One, Introduction, gives a general description of the motive and purpose for writing this dissertation, including the direction and management of the subject matters, definition and range of the subject, also the resources for and the limitation in writing this dissertation. Chapter Two, Connection of Administrative Litigation and its Preliminary Procedure, makes both detailed and overview examination of the linkage between Administrative Litigation and its Preliminary Procedure. It focuses and develops the subject matters of this dissertation. Chapter Three, Basic Theory, concerns about the basic and elementary ideas of this dissertation. The studies of administrative law are quite plentiful and colorful in Japan and Taiwan; however, due to a different historical background, that of China comparatively lagged behind and yielded a gap to them. Chapter Four, Analysis of the Preliminary Procedure, gives a comparative analysis of the related institutions of the Chinese, Japanese and Taiwanese administrative appeal systems. It predicts also the developments of these three. Chapter Five, Major Issues of the PreJiminary Procedure of Administrative Litigation, concludes the writer analysis in this dissertation and tries to propose some revolutionary thinking in the theoretical and practical phases of this field. Chapter Six, Practical Research of the Preliminary Procedure of Administrative Litigation, presents mainly the writer observation of the practices of Taiwan, it, however, concludes also the Japanese experience and tries to give some enlightenments to the renewed Chinese appeal system. Chapter Seven, Suggestions and Reviews, provides a concrete conclusion of this dissertation. It proposes both aintenance of civil rights and romotion ofadministrative efficiency so that a nation of law can be achieved and human dignity can be protected in the pursuit of national ideals. Chapter Eight, Conclusion, summarizes general conclusions for the dissertation, and offers concrete proposes as well as main courses for the future study. This dissertation also suggests that legal systems have been implemented in France, Germany, and Japan for more than hundred and fifty years. Their pratice reveals that legal systems lays the firm foundation for the national construction and is the real base of value. The fifty-year-odd legal experience in Taiwan shows that the model of strict law with lose enforcement is not satisfactoiy. Moreover, Taiwan copies lots of laws from foreign countries, but these laws an not be excuted effectively in Taiwan. It is hoped that mainland China may learn the lessen from Taiwan and not to make the errors that Taiwan has made in the past. Mainland China will find its own way in solidifying its legal system. The author has tried to collect all related materials and submitted his study findings. In the Chapter Eight, the author suggests what mainland China and Taiwan should change and reform in their legal systems in the future. To help understad the context of this dissertation, some important tables, appendixes, and the interpretations...
Keywords/Search Tags:1 Administrative Litigation, 2 Preliminary Procedure, 3 Appeal, 4 HumanDiginity, 5 Doctrine of Exhaustion of Administrative Remedies, 6 AdministrativeDiscretion, 7 Legislative Discretion, 8 Judicial Review
PDF Full Text Request
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