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On Interests Of Action In Administrative Litigation

Posted on:2007-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:B PengFull Text:PDF
GTID:2166360185450948Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Granting the rights of private party protected completely and effectively is the source of life of the system of Administrative litigation. It is drastic serious that private party pleads his case difficultly and the system of Administrative litigation in our country can't protect the citizens' appeal right effectively. Only we must design those relating systems in detailed and take a deeply study on the fundamental theories of appeal right in the future, such as interest of action of Administrative litigation, the problem will be resolved.The article makes use of the method of logical analysis, the method of comparative analysis and the method of cases analysis and so on. Basing on our current system of Administrative Litigation and considering its future developing tendency, it works on the fundamental theory of interest of action of Administrative Litigation, its subjective and objective elements, as well as its review and protection.The fundamental theory of interest of action of Administrative Litigation mainly includes its concept, its source, its essence and function. Interest of action of Administrative Litigation describes the remedies necessity granting by the courts when the plaintiff claims his lawful rights and interests that is infringed by the agency action. The source of the theory results from the occurrence of action of confirmation and incomplete nature of the concept of public rights. Its essence lies in the intermediation between the interest of the country, the interest of the plaintiff and the interest of the accused. It has the double functions. One function is to limit indiscriminate lawsuit of the plaintiff. The other function is to create rights through justice.Subjective elements of interest of action of Administrative Litigation include three contexts: It is the first one that the rights and interests the plaintiff claiming is lawful rights and interests; We should bring in the theory of public rights from Germany and make use of the doctrine of the interests protected by law in defining the lawful rights and interests in our Administrative Litigation; It is the second one that the plaintiff must provide...
Keywords/Search Tags:Interest of Action of Administrative Litigation, Elements of Litigation, Public Right, Right Protection
PDF Full Text Request
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