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Research On The Judicial Power To Modify The Administrative Acts In Administrative Litigation

Posted on:2003-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:S L LiuFull Text:PDF
GTID:2156360092460138Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
" To administer a country according to law and to construct a socialist legal state " has been a target of our country and party. In a sense, that whether we can construct a legal state mainly depends on whether we can really administrate according to law. It's very urgent and necessary to supervise and control the administrative power (AP) when it's widening and expanding so rapidly today. It has been proved that the establishment of judicial review (administrative litigation) system is the most effective method to supervise and control AP, and also, it's the strongest way for judicial power (JP) to interfere the territory of AP when concrete administrative is modified through JP. However, JP to modify the administrative acts (JPMAA) must be carefully exercised, as it is so strong. If it is exercised properly, it will correct the mistakes before it appears; if not, JP will take the place of AP and interfere the affairs that belongs to the latter only . Therefore, it's of great importance for the development of our country's administrative litigation system and the perfection of the administrative law theory to study the relations between JPMAA and AP especially the administrative discretionary power. Looking round the research in this field both in and abroad, we can find that there is still short of study with profound and systematic consideration, and there is still lots of dispute on the specialty and the scope of application of the JPMAA. The author, on the basis of the predecessor and colleague's research, makes clear of the implication of JPMAA, analyses the derivation process of JPMAA in and aboard. Furthermore, the author analyses the necessity and property to authorizeJPMAA, and puts forward a series of opinions and measures on how to perfect the scope of application of JPMAA in our country, so as to give some reference for the legal construction of our country's administration.
Keywords/Search Tags:judicial power to modify administrative acts, administrative power, scope of application
PDF Full Text Request
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