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Study Of The Scope Of Administrative Litigation

Posted on:2003-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:B XiaFull Text:PDF
GTID:2206360065950546Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The case scope of administrative procedure law in our country is too narrow that it has placed restrictions on the protection for administrative plaintiffs legitimate rights and interests, and also makes the justice examine against administrative main body limited in a very big scope. To correctly confirm the boundary of the scope of administration lawsuit, we should follow the administration lawsuit purpose, and emphatically research the problems such as the regulation of case scope in our law, the relation between case scope and internal administration action, abstract administration action and prep administration action etc, in the hope of more further reasonable scientifically boundary of case scope during perfecting our country administration lawsuit. This text has been in progress detailed discussing this problem.Firstly, expound the meaning that the case scope of the administration procedure law was regulated. The first, being easy to the procedural rights is exercised for citizen, legal person and other organizations. The second, being easy to the right of jurisdiction is exercised in the people's courtNext, has listed the concerned regulation of reference meaning abroad on case scope of administrative procedure law, including the law and the legal precedent of the Japan and France of continent law system and of the United States and Britain law system.Once more, has dwelt on concerned regulations about the case scope in our country administrative procedure law and justice explanations, and carry on the analysis and discussion to the above-mentioned regulations.Finally, expound the concrete suggestion on enlarging the case scope of our country administrative procedure law. Put forward with internal administration action, abstract administration action and prep administration action as the modified case scope of administrative procedure law, and mention the theory gist and fact feasibility to list the above-mentioned action as the case scope of the administrative procedure law.
Keywords/Search Tags:administrative procedure law, case scope, internal administration action abstract administration action, prep administration action.
PDF Full Text Request
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