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A Case Study Of Conflict Resolution In Administrative Litigation Law

Posted on:2015-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:H LengFull Text:PDF
GTID:2206330461999650Subject:Law
Abstract/Summary:PDF Full Text Request
We often meet with two or more than two normative legal documents made inconsistent provisions to the same legal facts or relationship in the administrative trial work, that is, the conflict of legal norm. Although some research in China on the administrative litigation law application conflict, but is often determined by laws and regulations applicable in the conflict from the angle of law position, and not from the administrative litigation has its own characteristics of the study and analysis. With the "people’s Republic of China Administrative Licensing Law" and the "people’s Republic of China administrative law enforcement" and other special laws enacted and revised order simple judge no longer is the best way to solve the legal conflict of application, how to find the exact provisions apply and referenced in many of the normative legal documents, and not is simply a simple judgment from the legal level, which is the key of solving the law applicable to the conflict situation encountered in the process of administrative proceedings where. The author in the administrative adjudication is often encountered difficult problems of how to identify the legal basis, to solve the conflicts of legal norms, so this paper aims at the application of law in administrative litigation conflicts appear in the process of how to deal with the example analysis, in order to help solve such problems in administrative trial.
Keywords/Search Tags:administrative lawsuit, application of law, conflict resolution
PDF Full Text Request
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