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The Effect Of Administrative Examination And Approval On The Effect Of Civil Action

Posted on:2017-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:J RenFull Text:PDF
GTID:2206330488464818Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
According to the overall research ideas, this paper is composed of five parts, the main research contents are as follows:The first part is the introduction. Introduction to the research background and significance of introduction and analysis, then to a concrete system of administrative examination and approval, the administrative examination and approval of civil behavior potency influence at home and abroad literature review. Finally, the paper puts forward the research method and train of thought.The second part is the analysis of the administrative examination and approval and the intervention of civil action. This part is divided into three sections. The first section describes administrative examination and approval of the definition on the basis of official documents of administrative examination and approval of definition, academic interpretation of administrative examination and approval, and then analyzes the nature of administrative examination and approval, emphasizing the nature of administrative examination and approval of the state regulation, administrative examination and approval, including part of the administrative licensing and administrative confirmation, rather than in the non administrative license and administrative permission of administrative examination and approval of the distinction between defined as standard of the administrative examination and approval; The second section about the administrative examination and approval in private law nature, the potency and the expression, the first interpretation and standardize the administrative examination and approval and civil action legal elements relationship, analysis and define the private law on the administrative examination and approval, as mandatory norms, there are different ways of expression in the field of private; The third section about administrative examination and approval of civil behavior intervention, analysis of the causes of the administrative examination and approval of the civil behavior intervention and the relationship between public law and private law, public law of private law intervention, reflecting public administrative functions, elaborates the administrative examination and approval of civil behavior interventions, there are two kinds of embedded and external type, intervention analysis methods resulted in different administrative examination and approval of civil behavior effect of different, because of the real right and creditor’s right is not completely distinguish, administrative examination and approval of civil behavior intervention structure debt confusion and debt separation type is also reflected in different effect.The third part of the administrative examination and approval on the effectiveness of civil acts:an interpretation of the current legislation. This part analyzes the relevant provisions of the civil law and the judicial interpretation of the administrative examination and approval, and divides into three sections. The first section analysis the main provisions of the "contract law", that paragraph 2 of Article 44, from judicial practice and science on two aspects of interpretation. Analysis of judicial practice, judicial interpretation and authoritative interpretation, summary of study on this clause interpretation, reflect on the experience and shortcomings; Standards of administrative examination and approval in the second section analysis on property law in the administrative examination and approval standard, respectively, the "property law", quasi real right of special legislation, "rural land contract law" and the "real estate management law" were analyzed from legislation, judicial practice and theory of Confucianism and other aspects of carding summary; The third section about special civil legislation in the relevant provisions, the introduction and analysis of transfer of ownership in the administrative examination and approval specification and analysis summary standards of administrative examination and approval "foreign-invested enterprises" law, and intellectual property law in the norms of the administrative examination and approval combing summary. Finally, this part of the contents of the summary, combing the various laws and regulations which belong to what type of administrative examination and approval of the effect of civil acts on how to produce.The fourth part of the administrative examination and approval of the effect of the effectiveness of the civil behavior of the standard ideas. This part is the third part of the summary of the thinking, from the substantive law and procedural law to regulate the two aspects of the exposition, divided into two sections. The first section describes the idea of the substantive law, including legal status and legal status of the two aspects. Without the approval of civil legal status is unsuited legal and illegal, the legal effect of the state is has been established and has not yet been established, effective and invalid, effective and non effective of the corresponding ternary state and non monism. The second section elaborated procedure law envisaged in the specification and elaboration given discretionary power of courts at the same time, to a limited range of right of discretion of judges, the judges discretion power over the application may lead to a miscarriage of justice, so to discretionary power to the limit analysis to expound the principle of proportionality limit right of discretion of judges.The fifth part is the conclusion. This part summarize the research results of the full text, to administrative examination and approval of civil behavior potency as the center will be in the practice of our country shall be administrative examination and approval system for empirical analysis, to summarize combing found problems, combined with different theories, try to put forward specific solutions, finally pointed out the deficiencies and the need for further research.
Keywords/Search Tags:Administrative examination and approval, civil conduct Discretion of judges, principle of proportionality
PDF Full Text Request
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