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Investigation Of Summary Procedure Of Administrative Proceedings

Posted on:2011-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2166330338978271Subject:Constitution and Administrative Law
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"Late to justice are not real justice."This implies that the pursuit of judicial work of the value of targets should not only is justice, the value of efficiency for all should go hand in hand, the justice exchanges at the cost of efficiency,which is a big discounts the value of justice, depreciatory justice and the fairness does not have the real meaning it has been. With the comprehensive transition of society and the rule of law, the construction of our administrative proceedings system also equally face the implementation program, this modern administrative proceedings not only should adapt for the judicial operation and the judicial organization ,but also should embody the value orientation of fairness and efficiency. However, our country promulgated Administrative Proceedings Law of People's Republic of China in 1989 and judicial interpretation ,which don't include the provisions of summary procedure . In the practices of trial we all apply to the common procedure which be used to deal with the administrative cases. Social order are increasingly diverse and complex, people's rights and legal consciousness promoted step by step, the masses through litigation to resolve the disputes are more and more, The number of cases have rapidly ascended,the demands of The masses that the people's court shall provide an effective judicial remedy will also be increasing. In this connection, we must actively exploring the trial process of reform, in administrative proceedings the summary procedure is designed to effectively improve the efficiency of administration and the solution..there are four chapters in this article:Chapter One, the overview of the summary procedure of administrative proceedings.It contains the conception,generation and conception of the summary procedure of administrative proceedings; the theoretical basis of constructing he summary procedure of administrative proceedings.Chapter Tow, comparison and analysis of the extra-regional summary procedure of administrative proceedings. Through study and examine the summary procedure in administrative proceedings in France, germany, holland, the taiwan , which could provide some examples and experiences to the establishment of the summary procedure in our country.Chapter Three, the necessity and practicability analysis of adding a summary procedure in administrative proceedings .Chapter Four, the construction of our administrative proceedings summary procedure.It is the key of this article. From the five aspects elaborated the design concept of our administrative proceedings summary procedure system : Basic principles ;cope;the start mode of procedure and so on.
Keywords/Search Tags:Administrative Litigation, Summary Procedure, Construction Procedure
PDF Full Text Request
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