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The Development Of Scope Of Administrative Lawsuit

Posted on:2010-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Z J TangFull Text:PDF
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As it's the centrality of administrative lawsuit, the scope of administrative lawsuit, also called the scope of judicial review, has being a focus of academic contention in our jurisprudential circle recent years. It's urgent to mend Administrative Procedural Law, enlarge the scope of administrative lawsuit and improve the judicial protection of citizenship for some important events like publishment of two judicial interpretations of Administrative Procedural Law and joining WTO, and especially words"manage state affairs according to law","country respects and protects human rights"written into constitution. So it is of great urgency to improve and even rebuild the scope of administrative lawsuit in China.Some common rules of the scope of administrative lawsuit will be found the scope of administrative lawsuit in some areas like USA, Germany, France, British and TaiWan and so on. These common rules include investigating on the basis of supposition, conception defining scope clearly. And most countries generalize and enumerate the scope of administrative lawsuit meanwhile. Some flows of the scope of administrative lawsuit in China will be found that administrative lawsuit is not protected adequately, relevant conceptions of the scope are not clear and it's difficult to define the scope. To improve and even rebuild the scope of administrative lawsuit in China, rules as follow of must be abided: protecting the lawful right and interests of citizen adequately, harmonizing scopes of all kind of lawsuit and insisting on generalize and counter-enumerate the scope meanwhile belong to these rules. And the suggestion is putting the abstract administrative behavior, internal administrative behavior, final judgment, administrative certification and public interest action into the scope.
Keywords/Search Tags:Administrative lawsuit scope, Specific administrative action, Abstract administrative action, Internal administrative action, Public Interest Litigation
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