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Some Issues On Perfect Administrative Pre-trial Preparation Procedures

Posted on:2009-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2166360245966353Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Administrative Pretrial Procedure is a middle filtration mechanism between the party's prosecution and the court's judgement, and the first gate of law which is open. Therefore, this article conducts the research to how to complete the pretrial procedure of the administrative lawsuit in our country.The administrative pretrial procedure is an orderly and interaction process by court, parties and other lawsuit attendants that follow the legal rules after the administrative case sued to court and before the trial by court. Its characteristic is as follows: a certain extent of independence; a certain extent of supplementary, guidance and standard of authority. As an independent lawsuit procedure, its unique function can be found in microscopic, macroscopic and other aspects. The Administrative Pretrial Procedure operates mainly in two kinds of models which are including introduce and compare the prepositive procedure of the administrative lawsuit of the mainland legal system represented by France and Germany and the litigant principle movement pattern of the UK-US legal system, two of which have their own advanteges and disadvantges.There are no administrative pretrial procedure in China, and the related legislations have not been perfect. There are some flaws. The main reasons are as follows: 'more attention paid to substance and less attention to procedures' , which influences the administrative proceedings of the pre-trial preparation procedures, and the idea of due process has not been rooted in the theory and practice of administrative proceedings. And the idea of national executive power still exists. In this regard, the litigation mode shall be based mainly on party and also on professionism as an exception so as to improve administrative pretrial procedure.As to the designing of our administrative pre-trial preparation procedures, it shall include three essential parts, i. e.suit and answer stage, discovery stage, and pretrial conference. Specifically speaking, it shall include such items as the separation of pretrial judges andchumber judges, establishment of mandatory answering, introduction of conciliation of pretrial preparation procedure, improvement of the limitation of including evidence, and that of pretrial exchange of evidence and introduction of mediation.
Keywords/Search Tags:administrative proceedings, pre-trial preparation procedure, perfect
PDF Full Text Request
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