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The Analysis Of Constructing Pretrial Procedures In The Administrative Proceedings In China

Posted on:2012-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:L L WangFull Text:PDF
GTID:2166330338457538Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The pretrial procedures in the administrative proceedings are a serial ofactivities in which the subjects such as court, both parties engage in order to makesure the smooth going of the trial, or deal with disputes as soon as possible, beforeofficial trial. Most countries and regions around the world have specified thepretrial procedures in the administrative proceedings which are considered as animportant part of the administrative proceedings. In China, warming-up exercisesbefore the trial are just simple formulated in the administrative proceedings, and itcan not be an independent procedure. Since the 1990s, some regional courts inChina have made a probe of the pretrial procedures in the administrativeproceedings, so do law circles. Both practical explorations and theoretic researchwill lake a practice and theory foundation for rational constructing the pretrialprocedures in the administrative proceedings. Thus, to go into this project plays asignificant role both in theory and reality.This paper can be divided into five parts:In the first part, the paper analyzes the concept and characteristics of thepretrial procedures in the administrative proceedings, makes comments about theconnection between the pretrial procedures and official trial, then further analyzesthe function and value of pretrial procedures, so as to summarize a general viewand explicit state its importance in the whole procedures.The second part introduces in detail about the pretrial procedures in theadministrative proceedings (judicial review) in other countries such as America,Britain, German and France, and analyzes their main features, dissects thosestrong points as examples for reconstructing the procedures in China.The third part mainly introduces the historical evolution and current legislation,and analyzes in depth the existing problems.The forth part analyzes the necessity and feasibility of constructing the pretrialprocedures in the administrative proceedings, makes suggestions of the modes,and proposed the rational idea about improving the system. Lastly, theimprovement of related systems is analyzed.
Keywords/Search Tags:administrative proceedings, pretrial procedures, construct
PDF Full Text Request
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