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Research On The Several Legal Issues Of Defendant Status Of The Administrative Litigation

Posted on:2008-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:T J QiFull Text:PDF
GTID:2166360215452875Subject:Law
Abstract/Summary:PDF Full Text Request
The defendant status of administrative proceedings in our country is quite complex. As for administrative proceedings, the defendants are specific state administrative organs. They are the specific administrative actors. Before and after entering the litigation, the relationship with the plaintiff, the relative executive, is the management with relationship between management. Moreover, as the trial court and the local administration are inextricably linked, the defendants in administrative proceedings are in a strong position, and administrative litigation proceedings between the defendant and the plaintiff is a fiction of equal equality, seriously affecting justice. This thesis finds something against the defendant's status issues in administrative proceedings, and analyzes combining with cases,The paper consists of five chapters.ChapterⅠgives a summary of the defendant in proceedings the defendant. Explaining the defendant's definition of administrative litigation, and the reason why the state administrative organs are always in the defendant position. The implementation of administrative proceedings the defendant is a violation of the legitimate rights and interests of the plaintiff Chief. The plaintiff alleged to be legitimate and recognized by the administration or the courts to review laws and regulations to authorize the organization. It's currently generally believed that only the executive or administrative body , authorized by the authority can be seen as a defendant. Besides, the non-administrative body could not be accused.PapersⅡ,The author spent considerably passage in administrative proceedings against the accused inspected the administrative status of the existing problems with the defendant trial, The plaintiff in the litigation and other legal relations, and in connection with this case basis, interpretation of the administrative litigation proceedings in the trial and the defendant and the plaintiff and other legal relationships change. The analysis indicates that administrative proceedings, the actual implementation of the accused, as an administrative power, vis-à-vis the plaintiffs in administrative lawsuits in strong position.ChapterⅢ,the paper describes the rights that impact on the defendant's position in administrative proceedings, including four areas: the right attributes, the right type of executive, administrative right level, the Chief alienation rights and other issues. Administrative proceedings on the issue of the defendant, the defendant from the administrative side, Due to the status of administrative proceedings the accused "special" and the far-reaching impact of China's official position, They have such a strong sense of subjective; from the public or the courts, including the plaintiff. This objective would have felt a strong pressure. Study their underlying causes, has accused the defendant administrative proceedings, it is because the objective behind the administrative power base. Chief executive power base of the main administrative proceedings in the defendant entered the objective is still a big influence. Therefore, the study of the status of administrative proceedings without the defendant accused of administrative litigation behind administrative body, Executive power base of analysis and the basis of its executive powers, help us to further streamline administrative status of the accused in judicial practice have been important factors.ChapterⅤ,the present paper deals with the administrative proceedings to the Administrative Procedure Law, passed legislation restricting the status of the accused, balancing of the original, the defendant, the plaintiff makes a certain degree of relief in the position to guarantee the legitimate rights and interests of citizens. Construction of a specific system embodied: to fully protect the plaintiff the right to appeal, reversal of the burden of proof. Litigation to the plaintiff and the defendant is prohibited from gathering evidence and witnesses to judge the value and effectiveness of this analysis. PapersⅥdescribes the defects and shortcomings of China's administrative litigation system on the administrative proceedings position, accusing the defendant should be put on the status of a scientific and reasonable administrative position Chief administrative proceedings and to establish and improve the relevant legal principles and systems. The author of the current administrative proceedings related to a lack of specific legislation in the spirit of the system, a lack of workable rules, a number of proposals for improving, and with practice, in specific cases, suggested the validity and necessity.
Keywords/Search Tags:Administrative
PDF Full Text Request
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