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On The Qualification Of Plaintiff In Administrative Litigation

Posted on:2010-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:H Y WangFull Text:PDF
GTID:2166360275456718Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Qualification of plaintiff in administrative litigation is a very important issue in the administrative litigation plaintiff theory. Qualification of plaintiff in administrative litigation is a prerequisite and basic issue related to what kind of person can bring an administrative lawsuit, to initiating judicial proceedings to allow the court to review administrative acts. Its essence is how to deal with the relationship of the executive power,civil rights and jurisdiction. However, in the traditional theory, because concept of plaintiff qualification in administrative litigation is not distinguished clearly and the meaning is not defined correctly, qualification of plaintiff in administrative litigation and right of administrative litigation, condition for acceptance or suitability of plaintiff are mixed up, which causes mess to research on plaintiff qualification.This article is divided into four parts; The author try to empirically analysis and theoretically research from the administrative law and legal theory aspects. The first part outlines the basic concepts of plaintiff qualifications in administrative proceedings. This part mainly defines the concept of eligible plaintiffs and the nature of administrative proceedings from a theoretical point of view,analysis the restrictions on the eligibility conditions of the plaintiff and give a brief analysis on the constraints of administrative proceedings; in order to provide the theoretical basis on the reconstruction of China's administrative litigation system. The second part is the assessment of the historical evolution and the status quo of Chinese qualification of plaintiff in administrative litigation. This chapter define the concept of development and changes from a historical perspective of our history in different periods including Taiwan to understand and analysis the administrative litigation system for the qualification of the plaintiff against China's traditional cultural background. The third part inspect the qualification of plaintiff in administrative litigation from comparative Law. Through investigation the administrative proceedings in The United States, France, Britain, Japan and Germany in five Eastern and Western countries in order to analyze their differences and common features; help us better understand the plaintiff qualified administrative proceedings. The fourth part is about Chinese qualification of plaintiff in administrative litigation. Through comparing and analyzing the contents, I try to put forward some shallow views and suggestions about Chinese qualification of plaintiff in administrative litigation.
Keywords/Search Tags:administrative litigation, qualification of plaintiff, defined standards, legitimate rights and interests
PDF Full Text Request
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