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Abstract Judicial Review Of Administrative Acts Chu Theory

Posted on:2005-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:L YangFull Text:PDF
GTID:2206360125957888Subject:Law
Abstract/Summary:PDF Full Text Request
Abstract administrative act judicial review is an important issue in administrative law research. Establishment of abstract administrative act judicial review system is of special and important significance to improving abstract administrative act supervision mechanism, maintaining administrative counterpart's legal rights and interests, promoting governmental "administration by law" and meeting requirement by WTO for market environment. At present abstract administrative act judicial review system of different modules and various characteristics exist in many countries while our country has not brought abstract administrative act into judicial review range definitely, which is a lag in legislation. Of course, to establish abstract administrative act judicial review system of our country, it is necessary to study many issues in legislation, justice and setting of judicial body. This article aims at analyzing deficiency of abstract administrative act supervision mechanism of our country and illuminating necessity and feasibility of establishing abstract administrative act judicial review system in our country through trimming abstract administrative act judicial review, providing certain train of thoughts and referential theoretical support to the establishment of this system in legislation construction, judicatory operation and setting of judicial body with the combination of background of current judiciary of our country and theory of judicial practice.With over 36,000 characters, this article is divided into 5 parts. At a word, the main content is as follows:Part 1: Survey of abstract administrative act judicial review. This part main introduces abstract administrative act judicial review, analyses concept, features and classification of abstract administrative act systematically.Part 2: Supervision mechanism of judicial - review system and abstract administrative act of our country. This part introduces content, general principles and specific principles of judicial review system of our country, mainly describes and analyses existing circumstance of supervision mechanism of abstract administrativeact of our country, points out existing problems and their causes of current supervision mechanism, which seems complete but in fact insufficient.Part 3: Necessity and feasibility of establishing abstract administrative act judicial review system. This part describes necessity and feasibility of establishing abstract administrative act judicial review in our country in some aspects, discusses about theoretical basis and practical basis for establishing abstract administrative act judicial review system which have been available in our country, namely, it is necessary and possible indeed to establish abstract administrative act judicial review system.Part 4: Visualization of abstract administrative act judicial review system. This part sums up some opinion in theoretical circles, rather completely puts forward the author's viewpoints and visualization concerning range, methods and standards of abstract administrative act judicial review, judgment of abstract administrative act judicial review and legal duty of abstract administrative act, and at the same time discusses about and puts forward the author's own viewpoints for judicatory nature of the constitution related with judicial review and setting of judicial body for judicial review.Part 5: The conclusion. This part is a brief summary of basic viewpoints and visualization in this article.Out of the above, Part 3 and Part 4 are emphases of this article.
Keywords/Search Tags:abstract administrative act, judicial review, supervision mechanism, judicatory nature of the constitution, administrative court.
PDF Full Text Request
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