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Study On Our Country's Administrative Litigation's Function Orientation

Posted on:2007-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z F WuFull Text:PDF
GTID:2166360185453508Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The study of the Administrative Litigation's function orientation has the fundemental significance. It realates not only the ideal formation of the Administrative Litigation's Law, but also decides the concrete systems and operation. The Administrative Litigation's function orientation is not universal, it is decided on every country's concrete politics system,econimic system,law's culture tradition and so on. When we review the Administrative Litigation's function orientation, we must consider the incipient intention of the system, and the concrete domestic fact. The intention of the Administrative Litigation's establishment is the contorlling the administrative power,and protecting the people's rights. The administrative power is too large in our country and lacks supervision. These facts require us orienting the Administrative Litigation's function to"supervise the Administration administrates by law". This function orientation is decided by our country's facts, the ultimate purpose of our Administrative Litigation and the problems of the Administrative Litigation . This function orientation protects relative peoples'legal rights even more.The thesis consists of the preamble, main body and the epilogue. In particular, main body is composed of three chapters.In the preamble, I emphasise the theory significant and the realistic significant of this thesis. In the first chapter, I introduce the concept of the"Administrative Litigation's function orientation", and interpret that this orientation has decided the effect on the Administrative Litigation's concrete systems. The second and the third chapter are this thesis'main points. In the second chapter, I try to reveal our country's Administrative Litigation's function orientation is on"Maintenance, Supervision and Relief"from the concrete law items and judicial interpretations. This function orientation had caused the unfavorable running of the Administrative Litigation. Meanwhile, these problems have inevitable consequences with the vague function orientation.In the third chapter, I emphasize that the Administrative Litigation's function orientation must single. The only function orientation can avoid the tension and the unharminy by the multiple function orientation. The particularity of the administrative power , the administrative power is too large in our country and lacks supervision, and our country's politics system,econimic system,law's culture tradition ,these factors decide the Administrative Litigation's function orientation on the single"supervise the Administration administrates by law". This single function orientation doesn't affect the others functions, but also in favour of forming a nomocracy conditions, so reliefing the relative peoples'legal rights even more. Finally, I illustrate the concrete systems under the"supervision"function orientation . In the conclusion, I have combed the content of this thesis.
Keywords/Search Tags:Administrative Litigation, Function orientation, Administrative power, Supervision
PDF Full Text Request
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