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Administrative Proceedings Summary Study

Posted on:2011-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:C H LuFull Text:PDF
GTID:2206360308967282Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative Procedure law established the general procedure that is applicable by collegial beach to all administrative cases,it answers precisely to our need at that time. As far as we know,the developments of modern litigation system indicate that efficiency has become vital value goal in litigation. Cases,complex or simple,are heard in court with common procedure,that,increased litigant costs,wasted judicial resources,impaired litigant efficiency, meanwhile,counteracted slight,simple, little influential uncontroversial cases into lawsuit,the general administrative procedure disagrees with the development of administration litigation and the need of administrative judgments. Therefore,to constitute a convenient and fast,valid summary procedure of administrative proceedings in keeping with the value of justice and efficiency. The administrative procedure law has been published for twenty years, administration proceedings accumulate plentiful experience,judges enhance their qualities. Further,overseas summary procedure of administrative proceedings as well as the practice and legislation in Chinese civil and criminal proceedings,all of these make the effort to referential pattern theory in relation to summary procedure of administrative proceedings. Therefore,we should establish summary procedure of administrative proceedings. When revising administrative procedure law.In addition to preface and Peroration,there are four chapters in this article:Chapter one,The conception of the summary procedure of administrative proceedings. This chapter takes into consideration of the concept and characteristics of the summary procedure of administrative proceedings by researching into the conception of the summary procedure and the summary procedure of administrative proceedings at home and abroad.Chapter two,Principal of law and legal Principle foundation and realistic needs of the summary procedure of administrative proceedings. In the situation of lay siege to the value of justice and efficiency,we arrive at a conclusion that the summary procedure of administrative proceedings has its spaces,we require the establishment of the summary procedure of administrative proceedings. Chapter three , law making experience of overseas summary procedure of administrative proceedings. In studying the basis of legislation in common law system countries, civil law countries and Taiwan region,we sum up revelation to the summary procedure of administrative proceedings in china.Chapters four,the constitution of the summary procedure of administrative proceedings in China. The summary procedure of administrative proceedings must follow the principle of efficiency,the principle of fairness,the principle of definite application of standard and the principle of respect for the parties collection of the procedure. According to the characteristics of simplicity rapidity and efficiency in the summary procedure of administrative proceedings,introducing its concrete stages and its design of operating rules.
Keywords/Search Tags:Administration litigation, Summary Procedure, litigation efficiency
PDF Full Text Request
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