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On The Principle Of Adverse Alteration Prohibition In Administrative Relief System

Posted on:2009-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2166360245953578Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The principle of"adverse alteration prohibition"means when it review its handling of the applicants case, the review authority can't make a decision to put the applicant before more than disadvantageous position.It also means that the review authority can neither add the applicant's legal responsibility, nor reduce the vested interests of the applicant, and the applicant shall not have more the burden for review than that of before. Generally believed that the main significance of the adverse alteration prohibition principle to is: First, to ensure that applicants take full advantage of the review procedures safeguard their legitimate rights and interests; second, ensure the implementation of the review system exists in name only and will not eliminate the parties for fear of their negative concerns; Third, the review will help improve the quality of their work.Relative to the administrative review of the administrative organs or acts against the magistrate, and to defend themselves or bring relief, administrative review of the main shall not be made than has been made on the more disadvantaged relative to the executive acts or administrative decision, which is a procedural principle, a principle of law in many countries in the world has been widely recognized.Especially in civil law countries, such as France, Austria and Japan, both in the relevant laws and regulations to be clearly defined. In China's Taiwan region the principle of the relief system is a basic principle.The principle of"adverse alteration prohibition"has profound legal basis: procedural justice; dialectical balance of power on the Rights of the constraints. In fact, in China's criminal and civil proceedings related systems, the principle has been recognized and implemented. However, for various reasons, China's administrative relief system has yet to adopt this important principle.China's existing administrative laws and regulations of this principle is not a clear reflection of the relative who has faced even more the possibility of adverse results.In fact, the establishment of principle of"adverse alteration prohibition"is still confronted with law enforcement and judicial practice in many tests, it is necessary to the administrative relief of specific procedures done in-depth analysis. In particular the administrative review procedures and administrative proceedings, have both common side and different side. The exception must also be accountable to the issue.Based on theoretical explanations, empirical analysis of comparative studies of the principle of"adverse alteration prohibition", the thesis aimed to build China's administrative Relief Act prohibited in the area of adverse changes in principle, and to promote the further development and building a more harmonious, more perfect the socialist rule of law Community.
Keywords/Search Tags:The administration relieve, Adverse alteration prohibition, Administration reconsideratio, Administration litigation
PDF Full Text Request
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