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Type Of Study Of Abstract Judicial Review Of Administrative Acts

Posted on:2006-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiuFull Text:PDF
GTID:2206360155461238Subject:Litigation
Abstract/Summary:PDF Full Text Request
Administrative procedure category is a very important subject in administrative procedure. It directly concerns the width and depth of the protection of plaintiffs in administrative procedure. To counter the current state that is short of the type of administrative procedure category and the scope is narrow, after determining the standards for constructing administrative procedure category, the administrative procedure category of China should be reconstructed by borrow the category standards of foreign countries for reference, and combining the national conditions of China. Administrative procedure can be divided into following eight categories: revocation of action, action of imposing obligation, action of performance, action for confirmation, action for public good, action of public authorities, action of parties, and action of judicial examination of abstract administrative act.Action of judicial examination of abstract administrative act is designed to a independent procedure category, it's independence is as to concrete administrative act. Its independence comes from the following. The first point is that its features aredifferent from concrete administrative act in action aids, subjects, the nature of administrative act, the authority of the judge and procedure. The second point is that abstract administrative act can't be sued in administrative procedure practice in China, but in theory that it can be sued has been defeated the former. In practice judicial examination of abstract administrative act concerns administration of justice reformation and the relation of justice and administrative power. If it categorizes, that it can be sued will be reflect, it can be supported strongly. These two points make up the necessity and feasibility of action of judicial examination of abstract administrative act.After analyzing the basic principle of administrative procedure category and the necessity and feasibility of action of judicial examination of abstract administrative act, it is necessary to look on judicial examination of abstract administrative act as a newly administrative procedure category. It categorizes action of judicial examination of abstract administrative act after analyzing necessary conditions (essential conditions and reason -possess) judgmental mode.As a independent procedure category, it should have its own characters. The article then discuss its characters as a newly procedure category. The first point is that it's suit way have two views: suit directly and extra. The former is supported by the maximums. The article think all the two ways should be accepted because the later benefits the counters rights more than the former. The second is that the affairs should be judged in middle-rank court. The third is that the plaintiffs and defends should be widen. The forth is that the scope of abstract administrative act should be limited. The last is the judgment mode.The article is based on the study of scholar in China and administrative procedure system in foreign counties. It inherits and develops them. It generalizes and creates them.
Keywords/Search Tags:Administrative procedure category, Abstract administrative act, judicial examination, Essential conditions, Reason -possesses, Judgment mode
PDF Full Text Request
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