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On China's Administrative Litigation Case, The Scope Of Legislation Perfect

Posted on:2010-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiaFull Text:PDF
GTID:2206360302976828Subject:Constitution and Administrative Law
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With being issued and executed of the administrative procedure law in 1989, as a brand-new relief mechanism, the system of the administrative procedure law produced in our country. The administrative procedure law stipulates the scope of accepting cases in the administrative actions explicitly with the enumerative way, which adapts to our national conditions and the development of our society. However, as the improvement of our society, politics, economy and democratic government ruled by law, the scope of accepting cases in the administrative actions has displayed so many defects and flaws that it became the "Bottleneck" of restricting the effective operation of the system of the administrative procedure law operate.The scope of accepting cases in the administrative actions of our country had developed from denial to acknowledgment, small to large and limitation, restoration to the expansion of the scope of accepting cases in the administrative actions, which reflected the clear path of our progress and consummation in the construction of administrative government by law and democracy. However, now, as the further development of the system of the administrative procedure law, studies about the scope of accepting cases not reduced, but Increased. In fact, the scope of accepting cases in the administrative actions is always an important part of the study on the administrative procedure law, at the same time, it ia also a question which the practice department pays much attention to in our country. Thus it can be seen, studying the scope of accepting cases in the administrative actions has great theory significance and practice significance.This article is composed of four parts. Part One: the basic contents of the scope of accepting cases in the administrative actions. In this part, the elementary theory questions of the scope of accepting cases in the administrative actions, such as the determination of concept, reason of the determination, restriction factor and legislative pattern, will be elaborated. Part Two: the evolution and the present situations of the scope of accepting cases in the administrative actions in our country. This part is for the purpose of arranging the evolution advancement of the scope of accepting cases in the administrative actions in our country, and on this basis analyzing its reality stipulation. Part Three: the legislative deficit of the scope of accepting cases in the administrative actions in our country. This part mainly based in current laws, regulations and related judicial interpretations in our country, in detail discuss the various defects and flaws about the legislation of the scope of accepting cases in the administrative actions in our country. Part Four: the advices of improving the scope of accepting cases in the administrative actions in our country. This part is based on the systemically analysis above, and inspect the foreign legislative experience about this, then draw some legislative advices about improving the scope of accepting cases in the administrative actions in our country.
Keywords/Search Tags:The Administrative Procedure Law, the System of the Administrative Procedure Law, the Scope of Accepting Cases in the Administrative Actions, the Improvement in Law
PDF Full Text Request
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