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On The Establishment Of Litigable Principle In Administrative Law

Posted on:2004-02-29Degree:MasterType:Thesis
Country:ChinaCandidate:F Q ZhaoFull Text:PDF
GTID:2156360122465930Subject:Constitution and Administrative Law
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The modern administrative law has endured only 20-year-long development in China, surprisingly, it gains some remarkable achievements on certain basic theory. Among these progresses, the enactment of Administrative Litigation Law in 1989 is a milestone in building a rule of law society, which indicates the establishment of embryonic form of judicial review system in China.However, due to the differences of social culture as well as the lack of legal tradition, the new-born administrative litigation system faces various challenges in its evolution, which include the narrow scope of litigation, the strict restriction of plaintiff and the lack of independence of administrative tribunal etc. This, from a theoretic analysis, is partly due to the premature of the research of the basic principles of administrative law. As a practical factor, the unreasonable establishment of certain legal system, such as court system, is also reliable for the outcome of these problems.With China's formal entry into WTO in 2001, WTO rules brings big chance as well as challenge to China's current statutes, especially administrative law, which makes those problems much clearer and more complicated.Based on the guarantee of the litigation right of citizen, this article intends to prove the importance and essentiality of litigable principle in administrative law through the analysis of the respected theory status quo. Thus set up the judicial system according to WTO requirements which based on China legal tradition with its own characteristic.This article can be divided into five parts. Through the illustration of current theory on the principle of administrative law, the first part analyzes the defects of dominated two-principle theory. The second part fully demonstrates the properaess of establishment of litigable principle from its jurisprudence basis, practical legal foundation and social groundwork. The third part gives a detailed elaboration of this principle, which consists of presumption of reviewability, reviewable of substantiality as well as procedure and finialjudicial remedy. Aimed at the administrative litigation status quo as well as its defects, the last but two part provides some institutional constructions of the litigable principle in China, among which the insurance of judicial impendence and building administrative case law are of most importance. The last part has a brief forecast of current administrative law, especially administrative litigation law given the possible challenge brought by the litigable principle and WTO membership.
Keywords/Search Tags:Basic principles of administrative law, Administrative litigation, Judicial review, Litigable principle
PDF Full Text Request
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