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The Study Of Administrative Litigation Types' System

Posted on:2006-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y ChenFull Text:PDF
GTID:2166360155967584Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The specification of administrative litigation types is the trendency of various administrative systems since 20 century. Since different countries applies many and various administrative litigation system titles and different detailed contents, they all pay close attention to the administrative litigation practice guided by types of administrative litigation and to expand the types of administrative litigation gradually, which has been regarded as the common regulations within the individual country administrative litigation system revolution. The whole values of administrative litigation are expressed by the daily application of various detailed administrative litigation types. We need to rethink and comb the existed administrative litigation details based on the research and consideration of Western country administrative litigation systems. Based on the party's request in the litigation and considing the factors of combined litigation targets and court judgment methods, this article specifies the administrative litigation into revocatory litigation obligatory litigation, given litigation, confirmative litigation four types. Since different administrative litigation types reflects various rights of practical administrative laws subjects, the design of administrative litigation processes and regulations of court judgment should be matched to the relative administrative litigation systems. The management of same type of administrative litigation can obviously improve the efficiency of admimstrative litigation decisions and economize administrative litigation materials. In addition, the applied specifications of court judgement piolts litigation party's requests to match the court judgement contents guided by the administrative litigation types, which reflects the internal admimstrative litigation processes requiring and benefits to reasonable protection of people's rights and profits. The types of administrative litigation has a close relationship with the whole administrative litigation system. It is significant to rationalize the construct China's administrative litigation system in order to perfect administrative litigation system and improve the administrative management.
Keywords/Search Tags:administrative litigation type, revocatory litigation, obligatory litigation, given litigation, confirmative litigation
PDF Full Text Request
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