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On The Application And Limits Of Judicial Power To Modification In Administrative Litigation

Posted on:2006-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:X F YeFull Text:PDF
GTID:2166360182965521Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the fast development of social economy and increasing complication of social relationships, the expansion and strengthening of administrative power has become a trend. Application of administrative discretion has been accepted in modern society. Today, while putting particular emphasis on purpose of administering a state according to law and of protecting the right of administrative litigation, necessary and effective supervision on administrative discretion has been generally recognized. Judicial power to modification is just the strongest judicial supervising means to administrative judgment power and the most effective method to relieving the citizens'right invaded by administrative power. Whether or not system of judicial power to modification is perfect bears upon not only whether the role of judicial power to modification can be completely played but also whether the goal of administrative litigation can be fully realized. On the basis of study of predecessors and the colleagues, the author attempts to establish the scope of application of judicial power to modification in administrative litigation by carrying on deep analysis to the theoretical foundation of judicial power to modification. While advocating expanding the scope of application of judicial power to modification, the author proposes necessary control to its application, and argues its controlling factors and the limits to its application.
Keywords/Search Tags:administrative litigation, judicial power to modification, the scope of application, the limits to application
PDF Full Text Request
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