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Study On The Plaintiff Qualification Of Administration Litigation

Posted on:2011-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:C H WangFull Text:PDF
GTID:2166360332955488Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative Litigation Administrative Litigation problem is formally established, the theory and practice community has been an issue of great concern. Since the problem under the Administrative Litigation, contains a safeguard citizens, legal persons, other organizations, as well as the legitimate rights and interests of public and private rights, executive power and judicial power, civil rights and executive power, checks and balances and prevent the abuse of judicial resources, etc. a lot of value, therefore, lead to problems as Administrative Litigation Administrative Litigation System in the country's most complex and difficult issues. However, start the administrative proceedings as the key issue is clear and must be addressed. This article from the existing Chinese laws rules in Administrative Litigation System in the starting point to relevant experience of foreign countries that are ruled as a reference, the plaintiff in administrative proceedings qualification criteria analysis and consideration of the current situation, and thus the Administrative Litigation System build to make a few ideas.The first part, an overview of Administrative Litigation. This section is the concept of the plaintiff qualification, nature, functions and constraints of a brief analysis. The second part of the extraterritorial status the system of the plaintiff. Firstly, common law and civil law countries, the representatives of the relevant regulations and standards to analyze the evolution of, respectively, followed by a brief summary of the countries (regions) of the overall trends.The third part of our accreditation standards plaintiff status considerations. This part of the development of administrative litigation system in our country in different periods on the Administrative Litigation of the identified criteria were interpreted and analyzed the eligibility requirements of the defect at this stage the plaintiff and the adverse impact of judicial practice.The fourth part, the idea of improving the eligibility criteria for the plaintiff. Administrative Litigation expansion of the judiciary should be carried out at this stage, not just of the legislature. In addition, studies should use the type of thinking, the Chief Litigation Standards, and achieve administrative procedural law of "extensive" research to "fine-type" of change.
Keywords/Search Tags:Administrative Litigation, equity stake in the legitimate, interests of legal
PDF Full Text Request
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