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A Jurisprudential Study On Judicial Review Of Abstract Administrative Activities

Posted on:2005-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:S J FuFull Text:PDF
GTID:2156360122985542Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Abstract administrative activities ( A.A.A. ) , which are not aimed at particular persons and things , which are widespreadly effective , on which particular administrative activities are often grounded , are contrary to particular administrative activities . The judicial review of A.A.A. is very important . The thesis begins with a forword . The author introduces the significance of the thesis and analyzes the definitions of the important terms . The thesis is composed of four parts . Part one , a jurisprudential analysis of the reason of judicial review of A.A.A. : After introducing foreign judicial review of A.A.A. and Chinese existing insufficient supervision of A.A.A. , the author elucidates the reason of judicial review of A.A.A. , which is decided by the relations between judicial powers and administrative powers , the aim of administrative litigation , the requirement of WTO , the developing of scope of case in administrative litigation . Part two , an analysis of scope of judicial review of A.A.A. : The author makes comparative research on different standpoints upon scope of judicial review of A.A.A. , considers that all of A.A.A. should be subjected to court . Part three , an analysis of intensity of judicial review of A.A.A. : First , the definition of intensity of judicial review is explained ; Second , intensity of judicial review of issue of law and of administrative discretion is emphatically analyzed . Part four , an analysis of models of judicial review of A.A.A. : In this part , the author establishes a system of models of judicial review , including court model , suit model , jurisdiction model , judgement model , legislation model . Conclusion of this thesis : In order to improve the function of court , protect the lawful rights and interests of citizens , legal persons or other organizations , keep the balance between state powers , A.A.A. must be reviewed .
Keywords/Search Tags:Abstract Administrative Activities, Judicial Review, scope, intensity
PDF Full Text Request
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