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Administrative Procedural Temporary Legal Protection System

Posted on:2008-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y G XiaFull Text:PDF
GTID:2166360215475101Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Administrative Procedural Temporary Legal Protection SystemAdministrative Procedural Temporary Legal Protection System is designed and established in order to supervise the government effectively and ensure the deserved relief when the right is offended in time. The system of non-stop for specific administrative behavior during the procedure has been applied for a long time and has its own defects, for example, the right of the counterpart is always in effect before the final judgment for the specific administrative behavior comes into effect regardless of the relief which has been in vain or hard to be back. At first, this article introduces the basic concept of the administrative procedural temporary legal protection system and analyzes its constitutional origin, administrative law significance and justice practice of formation. Also the theory bases and necessity in practice are analyzed. The relevant System in Germany, Japan, China and Taiwan are compared in terms of the system mode and main features. Through the analysis for the advantages and disadvantages, all of these above is used for reference in China. Secondly, as regard to the establishment of the administrative procedural temporary legal protection system, the principle of "stop in procedure and non-stop for exceptions" is supposed to be established. So we come up with the soul of the administrative procedural temporary legal protection system in China. The temporary stop procedure ensures the feasibility and establishment of the protection system as its framework. It is necessary to establish the temporary order system, supplement the governments' behavior, try to enlarge the protection scope and improve the current executive system. At last, the introduction of the administrative procedural temporary legal protection system needs to comply with the administrative reconsideration system. The protection system should be extended to the administrative reconsideration system, which can be coordinated in effect.
Keywords/Search Tags:Temporary Legal Protection System, Temporary stop procedure, Temporary order system
PDF Full Text Request
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