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Scope Of Accepting Cases Of Administrative Litigation

Posted on:2012-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:S J WuFull Text:PDF
GTID:2216330338495008Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The administrative procedure law is one of major right relief means in our country, just like civil procedure law and criminal procedure law. The scope of accepting cases of administrative procedure is a significant issue in administrative procedure system, and an important guarantee of civil right as well. The scope of accepting cases of the administrative procedure is a result of mutual restriction and,mutual influence among judicial powers and executive powers and right s of the administrative relative person as well. Thus, the scope of accepting cases is involving a lot of contents, on the one hand, it is involving scope of the judicial supervision on administration, on the other hand, it is involving guarantee scope of the civil rights, finally, it is involving scope of solving rights disputes.This paper has defined the conception and character of the scope of accepting cases of the administrative procedure at first, then it has demonstrated that the scope of accepting cases of the administrative procedure is a significant conception in administrative procedure legal system, and an important content in theoretical research of the administrative procedure law as well. This paper has analyzed the theory of the scope of accepting cases of the administrative procedure in other countries, through elaborating the history of the scope of accepting cases of the administrative procedure, and has found out the difference between the scope of accepting cases of the administrative procedure of our country and advanced country. This paper has elaborated the scope of accepting cases of the administrative procedure through studying the theoretical achievements of the scope of accepting cases of the administrative procedure in the field of the administrative law, according to the administrative procedure law, judicial interpretation and other relevant laws and regulations, directing at provisions about the scope of accepting cases of the administrative procedure and its existing defect. This paper has also compared administrative behavior which can be accused and administrative behavior which can not be accused in the scope of accepting cases of the administrative procedure of our country, and has rethought the existing issue in provisions about the scope of accepting cases of the administrative procedure of our country. At last, this paper has put forward direction and ideas of expanding and perfecting the scope of accepting cases of the administrative procedure, which is to start with perfecting the principles and standards of the scope of accepting cases of the administrative procedure, and bring the quasi-administrative act and abstract administrative act into the scope of accepting cases of the administrative procedure and public interests protection and other aspects.
Keywords/Search Tags:Administrative Procedure, Scope of Accepting Cases, Right Relief
PDF Full Text Request
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